*Court Affirms Ex-gov’s Suspension
*‘Tinubu Told Me My Position As APC National Chairman Unchanged’
A KANO State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr. Abdullahi Umar Ganduje, from parading himself as a member of the party, let alone in that position.
Justice Usman Na’abba, on Wednesday,April 17, made the order following an ex-parte motion filed by Dr. Ibrahim Sa’ad on behalf of two APC executive members of Ganduje Ward in Dawakin-Tofa Local Council of the state- the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The plaintiffs are among the nine Ward executive members that suspended Ganduje from the party at the ward level two days ago.
The respondents in the case include the APC; APC National Working Committee (NWC); APC Kano State Working Committee (KSWC) and Ganduje.
Granting the motion, Justice Na’abba made an order restraining Ganduje from parading himself as APC national chairman.
The court further made an order directing Ganduje to henceforth desist from presiding over all affairs of the APC NWC.
The court also directed the respondents to henceforth maintain status quo ante belum, as from April 15, pending the hearing and determination of the substantive suit on April 30.
Justice Na’abba also granted the plaintiffs’ prayer ordering the APC SWC from interfering with the legally and validly considered decision of executives of Ganduje Ward, essentially on action endorsed by two-thirds majority of the executives, as provided by the party’s constitution.
“An order is hereby granted directing all parties in the suit APC (1st); APC National Working Committee (2nd); Kano State Working Committee APC (3rd) and Dr. Abdullah Umar Ganduje (4th) to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognising the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the State Working Committee from interfering with the legal and valid decision of the Ward executives of Ganduje Ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit.”
Recall that nine members of the Ganduje Ward suspended the national chairman over allegation of corruption brought against him by the Kano State Government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of the party from Ganduje’s polling unit, alleging corruption against the former governor and urging the Ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward chairman and secretary to act on the petition, nine members of the executives, led by the legal adviser, acted on the matter and suspended Ganduje until he proves his innocence.
In a related development, Ganduje’s arraignment on fraud charges was on Wednesday, April 17, stalled due to the inability of the Kano State Government to serve him with court papers.
Ganduje; his wife, Hafsat; Abubakar Bawuro; Umar Abdullahi Umar; Jibrilla Muhammad; Lamash Properties Limited; Safari Textiles Limited and Lasage General Enterprises Limited were to be arraigned on eight counts of bribery, misappropriation and diversion of public funds running into billions of naira.
When the case was mentioned for arraignment, the Prosecution Counsel, Y. A. Adamu, told the court that all attempts made to serve the respondents failed.
He stated: “My lord, we were only able to serve the 6th defendant- Lamash Properties Limited.”
The prosecution attempted to move an ex-parte motion application, seeking to serve the respondents through substituted means.
But Counsel to the 6th defendant, Nureini Jimoh (SAN), told the court that the prosecution did not personally serve his client, saying: “There is no provision for ex-parte motion in a criminal matter; it is only valid in civil cases.”
He raised an objection to the prosecution’s ex-parte motion seeking to serve the respondents through substituted means.
The trial Judge, Justice Usman Na’abba, ruled that the respondents should be put on notice and adjourned the matter until April 29 for hearing the motion on notice.
The 1st, 2nd, 3rd, 4th, 5th, 7th and 8th respondents were absent in court.
Meanwhile, the embattled Ganduje said in a viral video that President Bola Tinubu has reaffirmed his position amid the suspension saga.
Ganduje, while addressing some APC stakeholders from Kano State, in Abuja, on Wednesday, April 17, alleged that the Kano State Government was behind the attempt to remove him.
“I met with the President and he told me that my position as APC Chairman, which the Kano State Government was trying to remove me from, will remain unchanged.
“He reaffirmed my position as APC National Chairman,” Ganduje stated.
