The All Progressives Congress (APC) in Bauchi State has dragged two state high court judges to the National Judicial Commission (NJC) for granting exparte orders contrary to procedures and conventions.
The petition against Justices Mu’azu Abubakar and Kunaza N. Hamidu dated December 20, 2021 was submitted at the office of the Chief Justice of the Nigeria and Chairman of the NJC Hon Justice Mohammed Tanko on December 21, 2021.
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The petition said the two judges granted exparte orders that will 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 Honourable Babayo Aliyu Misau, the Chairman-elect and his executives alleged that “By law, exparte orders are only granted to preserve the res 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 affects there swearing in, since both the two orders separately will 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 judges.
Recently, the CJN, Ibrahim Tanko Muhammad, warned judges against granting frivolous ex-parte orders to politicians, and threatened action against any jurist found wanting henceforth.
It would be recalled that the two High Court judges restrained Mai Mala Buni, APC from inaugurating the Hon Babayo Misau-led executive members who were elected recently.
Those also restrained by the court order from administering the oath of office or according to Misau and his backroom ‘recognition’ as Bauchi APC leaders are acting APC National Caretaker Committee Chairman who is the Governor of Yobe State, Mai Mala Buni; Minister of Education, Malam Adamu Adamu and former Speaker of the House of Representatives Hon Yakubu Dogara and their privies, agents, cohorts and representatives in whatever capacity.
The court order also stopped Misau and those that emerged as APC leaders in Bauchi along with him from “parading themselves in whatsoever manners or means and or acting in whatever capacities or names called as Bauchi State Executive Officers of APC pending the hearing of the substantive suit filed.”
The order of the High Court subsists pending the determination of the suit brought before the court.
