Ganduje’s suspension: Court fixes May 27 for hearing on 3 applications

From Mustapha Adamu, Kano

A Kano High Court sitting in Kano has on Tuesday fixed May 27 for the hearing of three applications in the case of the suspension of the National Chairman of All Progressive Congress, APC, Abdullahi Umar Ganduje.
Recall that the Ganduje ward, in Dawakin Tofa Local Government had recently announced suspension of Mr Ganduje over corruption allegations filed against him by the Kano state government.
The court, presided over by Justice Usman Malam Na’abba after listening to counsels from the parties involved set the date for the hearing of applications including preliminary objection, joinder application and challenge of jurisdiction of the court to entertain and hear the matter.
The court had on April 17 granted an order directing parties to maintain status quo as at April 15 in relation to the suspension of the fourth respondent (Mr Ganduje ) from the first respondent by the Ganduje Ward executive committee restraining the respondents whether by themselves, servants, agents, privies from taking any step contrary to the decision of the executive committee of Ganduje Ward which suspends the fourth respondent from the first respondent political party pending the hearing and determination of the motion on notice
The applicants, Haladu Gwanjo and Laminu Sani Barguma through their counsel, Ibrahim Abdullahi Sa’ad filed a motion exparte with 13 paragraph affidavit dated April 16 sworn by the second applicant.
The applicants are seeking for an order of interim injunction on Ganduje’s suspension.
At the resumed hearing on Tuesday, counsel to the applicant, Bar. Ibrahim Sa’ad said they were served with the counter affidavit by the respondent this morning in Court.
He therefore asked for another date to enable them respond to the application.
Counsel to the first, second and third respondents, Bar. M. M. Duru did not object to the request made by the counsel to the applicant for a new date to be given.
“We have filed and served all parties our motion dated April 24 challenging the jurisdiction of this Court to entertain this matter.”
Counsel to the fourth respondent, Lydia Oyewo also did not object for the new date but told the court that her client was not served with the court processes and therefore it’s a breach to court order.
“We have not been served with the processes of the Court. The plaintiff is in contempt of the court because they have failed with the order of the Court directing him to serve all the defendants in the matter.
“Particularly, we are appearing out of respect to the court. Our ient have not been served so we could not file any processes before the Court.
“However, we have been unable to compile and transmit record. In essence the court of appeal is not yet seized with the jurisdiction for the matter and then for this court to determine and continue with the matter pending when we did the needful.
“This matter is an intra party matter and the court has held severally to even to the apex court that the court does not have jurisdiction to hear and determine intra party matters that has to do with leadership, membership and discipline of members.”
On their part, parties seeking to be joined led by Bar. S. U. Jibril informed the Court of their position in joining the matter.
After listening to the counsels, Justice Usman Malam Na’abba however, fixed 27 May to enable all parties to serve their processes and for hearing of the three applications.