APC drags two justices to NJC for granting illegal ex-parte order in Bauchi



By Ahmed Ahmed

The All Progressives Congress (APC) in Bauchi State has dragged two justices of the state High Court to the National Judicial Commission (NJC) for granting ex-parte orders contrary to procedures and conventions.

Recall that a Bauchi State High Court had issued an interim order restraining the Mai Mala Buni-led Caretaker Committee of the ruling All Progressives Congress (APC) from inaugurating the recently elected Hon Babayo Aliyu Misau-led executive members in the state.

The party had a two parallel state congress that two chairmen emerged at the congress with Alhaji Babayo Aliyu Misau and Sunusi Aliyu Kunde both from Misau LGA parading as chairman of the party in Bauchi State.

A copy of the petitions against Justices Mu’azu Abubakar and Kunaza N. Hamidu dated December 20, 2021 and submitted at the office of the Chief Justice of Nigeria and Chairman of the NJC, Justice Mohammed Tanko, on December 21, 2021, was submitted for granting ex-parte orders that would last till hearing and determination of the substantive suit without fair hearing.

The petitioners, Alhaji Umar Jibo, the APC chairman-elect in Dass Local Government Area of Bauchi State; and Honorable Babayo Aliyu Misau, the chairman-elect and his executive alleged that “By law, ex-parte orders are only granted to preserve the rest and last only for 14 days.”

But the two justices separately gave order in the suits no BA/294/2021 and BA/211/2021, which affect their swearing in, since the two orders separately would last up to the hearing and determination  of the suits filed by aggrieved parties over their victory.

They appealed to the National  Judicial Commission to do justice to their claims against the two justices.

Recall that the Chief Justice of Nigeria (CJN), Ibrahim Tanko Muhammad, had warned judges against granting frivolous ex-parte orders to politicians, and threatened action for any jurist found wanting henceforth.

By law, ex-parte orders are only granted to preserve the rest and last only for 14 days.




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