APC files petitions against two Bauchi judges for granting illegal, frivolous ex-parte order

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 exparte orders contrary to procedures and conventions.
Recall that the State High Court restrained Mai Mala Buni led APC from inaugurating Hon Babayo Misau-led executive members who were elected recently and Umar Jibo led executives of the party.
The Court Order which was made available to Journalists contained that the Court restrained the 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 from administering the oath of office or according to’ Hon Babayo Aliyu Misau and his backroom ‘recognition’ as Bauchi APC leaders.
The court order also ordered Misau and those that emerged as APC leaders in Bauchi along with him from parading themselves as Bauchi State Executive Officers of APC pending the hearing of the substantive suit filed. The order of the High Court persists pending the determination of the suit brought before the court.
A copy of the petitions against Justice Mu’azu Abubakar and Kunaza N. Hamidu dated December 20, 2021, was submitted at the office of the Chief Justice of Nigeria and Chairman of the NJC Hon Justice Mohammed Tanko on December 21, 2021.
Justice Mu’azu Abubakar and Kunaza N. Hamidu were petitioned for granting exparte orders that will last till the hearing and determination of the substantive suit without a 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 last only for 14 days, but the two Justices separately gave an order in the suits no BA/294/2021 and BA/211/2021 which affects their swearing-in.
They said based on the fact that the orders will last up to the hearing and determination of the suits filed by aggrieved parties over their victory, the National Judicial Commission should ensure that justice is done to their claims.
They maintained that recently, the Chief Justice of Nigeria (CJN), Ibrahim Tanko Muhammad, warned judges against granting frivolous ex-parte orders to politicians, warning that any jurist found wanting will be punished.
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