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.
It could be recalled that a Bauchi State High Court has 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 the Nigeria and Chairman of the NJC Hon Justice Mohammed Tanko on December 21, 2021,
Was submitted for granting ex parte 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 Honorable Babayo Aliyu Misau the Chairman elect and his executives alleged that “By law, ex parte 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 their 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 appeal to the National Judicial Commission to do justice to their claims against the two Justices.
It could be recalled that the Chief Justice of Nigeria (CJN), Ibrahim Tanko Muhammad, has 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.