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Tag: Kano High court

  • Court again stops Kano Assembly from investigating Gov. Ganduje

    A Kano High Court on Monday upheld its earlier order halting the state House of Assembly Investigative Committee from investigating the bribery allegation against Gov. Abdullahi Ganduje.

    The court also ordered all other parties involved in the investigation of the bribery allegation to maintain status quo ante, pending the determination of the originating summon.

    NAN reports that the originating summon was filed by Mr Mohammed Zubair, the National Coordinator of Lawyers for Sustainable Democracy in Nigeria.

    When the case came up for hearing, counsel to the plaintiff, Kalid Abdullatif, said that going by Order 29, Rule 1 and Order 28, Rule 1 and 4 of the Rules of the Court, 2014, the application filed on behalf of the plaintiff on Nov. 5, restraining the defendants, Kano state House of Assembly, Baffa Babba Danagundi and the state Attorney-General from further investigation of the bribery allegation, still subsist.

    “The application still remains an Order of interlocutory injunction, restraining the defendants, either by themselves, agents, privies, or officials, or other persons, whosoever, from further inviting anybody, questioning, examining, making any further Press Releases, releasing or playing any further video tapes, investigation or further proceedings, with the, or any bribery allegation against Gov. Ganduje, or anybody, whatsoever, therewith, pending the determination of the substantive suit before this Honourable Court, “he said.

    He further argued that the act of the defendants to have constituted a Committee to investigate the bribery allegation against Governor Ganduje remains, “unconstitutional.”

    However, counsel to the Kano state House of Assembly (first defendant) and Investigative Committee Chairman, Hon. Baffa Babba Dan Agundi (second defendant), Mohammed Waziri, described his clients as law-abiding citizens who would not breach the law in any way.

    “I wish to state that the First and Second defendants are law-makers and law-abiding citizens. The Order came a day to the date slated to listen to witnesses at the Investigative Panel.

    “Since then, no step has been taken by the state House of Assembly or the Investigative Committee to breach the law. “This is to tell you that Kano state House of Assembly is law-abiding.

    “The Assembly has no intention whatsoever to take any further steps until the subsisting matter is decided upon because constitutional issues are being raised.”

    The Third Defendant who is also the state Attorney-General and Commissioner of Justice, aIbrahim Muktar did not object to the prayers of counsel to the plaintiff.

    In his ruling, the presiding Judge, Justice Ahmed Badamasi, ordered all the parties involved in the case to maintain the status quo ante, pending the determination of the Originating summon.

    Badamasi commended counsel to the defendants for advising his clients wisely and adjourned the case to Nov. 21, for hearing of the originating motion on summon. (NAN)

  • Ganduje: Maintain status quo ante, Court tells Kano Assembly

    …Adjourns case to November 21

     

     

    A Kano High Court on Monday again ordered the Kano state House of Assembly Investigative Committee and all parties involved in the investigation of alleged $5 million bribery saga involving Kano state Governor, Dr. Abdullahi Umar Ganduje, to maintain status quo ante, pending the determination of the originating summon, filed by the National Coordinator of Lawyers for Sustainable Democracy in Nigeria, Bar. Mohammed Zubair.

    When the case came up for hearing, Bar. Kalid Abdullatif who stood in for Bar. Nuraini Jimoh, lead counsel to the plaintiff, stated that going by Order 29, Rule 1 and Order 28, Rule 1 and 4 of the Rules of the Court, 2014, the application filed on behalf of the plaintiff on November 5, 2018, restraining the defendants, Kano state House of Assembly, Hon. Baffa Babba Dan Agundi and the state Attorney-General from further investigation of the bribery allegation, still subsist.

    According to him, “the application still remains an Order of interlocutory injunction, restraining the defendants, either by themselves, agents, privies, or officials, or other persons, whosoever, from further inviting anybody, questioning, examining, making any further Press Releases, releasing or playing any further video tapes, investigation or further proceedings, with the, or any bribery allegation against  His Excellency, Dr. Abdullahi Umar Ganduje, or anybody, whatsoever, therewith, pending the determination of the substantive  suit before this Honourable Court.”

    Bar. Abdullatif further argued that the act of the defendants to have constituted a Committee to investigate the bribery allegation against Governor Ganduje remains, “unconstitutional.”

    However, counsel to the Kano state House of Assembly (first defendant) and Investigative Committee Chairman, Hon. Baffa Babba Dan Agundi (second defendant), Bar. Mohammed Sa’ad Waziri, described his clients as law-abiding citizens who would not breach the law in any way.

    According to him, “before I proceed, I wish to state that the First and Second defendants are law-makers and law-abiding citizens. The Order came a day to the date slated to listen to witnesses at the Investigative Panel.

    “Since then, no step has been taken by the state House of Assembly or the Investigative Committee to breach the law. This is to tell you that Kano state House of Assembly is law-abiding. The Assembly has no intention whatsoever to take any further steps until the subsisting matter is decided upon because constitutional issues are being raised.”

    The Third Defendant who is also the state Attorney-General, Bar. Ibrahim Muktar did not object to the prayers of counsel to the plaintiff.

    In his ruling, the presiding Judge, Justice A.T. Badamasi, ordered all the parties involved in the case to maintain the status quo ante, pending the determination of the Originating Summon.

    He commended counsel to the defendants for advising his clients wisely and adjourned the case to November 21 for further hearing.

     

  • Alleged $5m bribe: Kano High Court stops Assembly from probing Ganduje

    A Kano High Court sitting in Kano has ordered the House of Assembly to stop the investigation of bribery allegation levelled against Governor Abdullahi Umar Ganduje by the publisher of an online news platform, Daily Nigeria, Mr Jafar Jafar.

    He released video clips of the governor allegedly collecting $5 million bribe from contractors.

    The suit was filed by a lawyer and the National Coordinator of Lawyers for Sustainable Democracy in Nigeria, Muhammad Zubair, against the House of Assembly, Baffa Babba Dab Agundi and other members of the seven-man investigative committee as well as the Attorney-General and Commissioner of Justice.

    The presiding judge, Justice A. T. Badamasi, issued an interim injunction restraining the investigative committee from further probing the bribery allegation.

    He said: “Upon carefully run through the ex parte application, dated November 5, 2018, filed by counsel for the plaintiff/applicant accompanied by a 23-paragraphs affidavit duly deposed to by Muhammad Zubair, a legal practitioner, as well as the written address in support of application thereto:

    “And after hearing Mr. Nuraini Jimoh Esq. (with him A. N. Ahmad Esq)c counsel for the applicant, the application is hereby granted in the following manner:

    “The respondents should be served before the close of work today (November 5). Accelerated hearing is hereby ordered and the respondents are given four days to respond to this application after service.

    “Parties should maintain the status quo ante pending the hearing of the Motion on Notice.”

    The judge adjourned the matter till November 12 for hearing.

  • Court restrains Secondus from altering Kano PDP leadership

    A Kano High Court has restrained the National Headquarters of the People’s Democratic Party (PDP) and its Chairman Uche Secondus from tempering or disfiguring the existing State Executive structure of the Party under its elected Chairman Senator Masaud Jibrin El-Doguwa.

    The presiding Judge, Justice N. S Umar in his rulings averred that an order has been granted ordering the applicants and the respondents to maintain the status quo ante, pending the hearing and determination of the motion on notice.

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    In the same vein the Judge said in his rulings that an order of interim injunction is further granted restraining any other person or persons from interfering or tempering with the tenure of the existing leadership structure of PDP in Kano.

    The Judge added that on behalf of the 1st and 2nd respondents, Senator Jibrin El-Doguwa and the PDP, the Court restrains any other person or persons from disturbing and or intimidating the administration of the State, Local Government areas or ward officers from doing anything or taking any steps that are likely to interfere with or disturb the officers tenure which are protected under section 47 (1) and section 223(1) (a) of the 1999 constitution.

    The presiding Judge Justice N. S Umar issued an order to the applicants to serve the 1st and 2nd Respondents the originating process outside the jurisdiction of his Court at Federal Capital Territory Abuja.

    He then fixed 5th November 2018 to hear the notice on motion.

    Our Correspondent gathered that that the former Governor of Kano state, Senator Rabi’u Musa Kwankwaso is allegedly making frantic efforts to alter the existing leadership structure of the party in Kano state so that he will have 65 percent share of the new structure if put in place.

  • Eze Ndigbo leadership tussle: Kano court restrains Ibekwe

    A Kano High Court, sitting in Bichi Judicial Division, presided over by Justice Aisha  Ya’u has granted an interim injunction, restraining the Eze Ndigbo Kano, Chief Boniface Ibekwe from parading himself, as the authentic Eze Ndigbo in the State, pending the hearing and determination of the motion on notice.

    In a suit, No. K/385/2018, signed by the Registrar of the Court, instituted at the High Court of Bichi Judicial Division between the Plaintiff, Eze Ndigbo v, Eze Diorama v of Kano State, Chief Ikechukwu Oliver Akpudo and the defendant, Boniface Ibekwe in an order of interim injunction, restraining the defendant, either by himself or through his agents, by parading himself, as traditional ruler, head or leader of Eze Ndigbo Kano under the auspices of Igbo Community Association   (ICA).

    The court order further restrained the defendant from interfering with moveable or immovable, sell or gift out properties of the ICA in Kano, among which include, landed properties at No. 59 Church Road, Sabon Gari, Kano, as well as plots of land situated behind Tony Cheta Group of Schools, Nomansland, Kano, Business shops at the Abubakar Rimi Market, as well as New Road Motorpark, pending the hearing and determination of the motion on notice.

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    He is also advised to refrain from transferring, evacuating  or moving away any of the properties, landed or immovable property documents, such as Certificate of Occupancy. (C of O) for his personal use.

    Besides, the defendant was also restrained from: ”Holding or granting press interviews and or attending any functions, occasions, meetings, purportedly, aimed at parading himself as the authentic Eze Ndigbo in Kano, pending the hearing on notice.”

    According to the court order, the defendant is to keep away from all the original documents, belonging to the Igbo Community Association (ICA) and all such properties, which are hitherto in the lawful custody of the defendant respondent, pending the hearing and determination of the motion on notice.

    Meanwhile, the case has been adjourned to September 25, 2018 for hearing of application.

  • Court strikes out Eze Ndigbo legal tussle in Kano

    A Kano High court, sitting at Audu Bako Secretariat, in Kano, has struck out the tussle, over the stool of the traditional ruler (Eze) Ndi-Igbo in Kano, affirming that Igwe Boniface Ibekwe is the duly crowned Eze Ndi-Igbo in Kano.

    The presiding judge, Justice Abubakar Tijjani Badamasi, ruled that, the crowning of Igwe Ibekwe, as the traditional leader of Ndi-Igbo, followed and complied, with the provisions of the constitution of Igbo Community Association, (ICA), Kano.

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    According to the originating summons, Nze Ignatus N. Nwosu and Chief Leonard Nwosu   approached the court, requesting the nullification of the emergence of Igwe Boniface Ibekwe, as Eze-Ndi Igbo in Kano.

    The plaintiff told the court that, Igwe Boniface failed to fulfill the specified constitutional requirements and therefore could not assume the throne.

    Also, he prayed the court for a perpetual restraining order, compelling  Igwe Boniface  to desist from parading himself, as Eze Ndi-Igbo  Kano.

    He further told the court that, Igwe Ibekwe allegedly indulged in the act of unwarranted provocative remarks against him.

    Nze Ignatus then requested the court to order, Igwe Boniface to compensate him, in the sum of N3 million for the damages allegedly inflicted on him, and legal fees incurred, in prosecuting the litigation.

    However, the court, dismissed all the issues raised against the Igbo leader, emphasizing that, the plaintiff failed to prove his case beyond reasonable doubt.

    Also, the court maintained that the constitution, which regulates the activities of Igbo Community Association, (ICA) Kano did not provide for the recognition of the post of Onye –Ndu Ndigbo, adding that the nomenclature for Igbo traditional ruler that is stipulated in the constitution is that of Eze Ndi-Igbo, “ICA constitution provided for only Eze Ndi-Igbo and the constitution has not been amended to accommodate a new nomenclature.

    After listening to submissions of both the plaintiff and defending lawyers,  the court gave verdict in favour of Igwe Boniface Ibekwe, who   in his defence had dismissed all the issues raised against him before the court.

    He informed the court that, his coronation, as Eze –Ndi Igbo in Kano was conducted in compliance, with spelt out norms, tradition and constitutional provisions laid down by Ndi –Igbo in Kano.

    However, the court refrained from granting cost to either of the parties, but ordered them to shoulder the burden of their cost.

    Shortly after the court verdict, Eze Boniface Ibekwe, who was overwhelmed, with indescribable joy, was driven in a convoy, as it was greeted with wild jubilation.

     

  • DSS shuns court order

    The Department of Security Services (DSS) Wednesday refused appear before a Kano High court order, directing the service to appear before the court over alleged act of contempt.

    The Kano High court No 8 sitting at Miller road, on June 5, granted an order, requesting the Director, Department of Security Services, DSS, Kano command,  and one Dalhatu Shehu Usman to  appear before the court, on June 13th to explain their roles in interfering into court process.

    The court presided over by Justice Farouk Lawan Adamu further ordered  that, DSS should appear before the court to show cause, why DSS Kano command should not be committed for contempt of court.

    The court further in its order, stated that DSS tampered with the administration of justice, stating that officers and men of the service embarked on the ejection of the occupant of shop No 107 located at Kantin Kwari market, in contrast to an existing court order.

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    When the matter was mentioned Wednesday, Barrister Dalhatu Shehu Usman announced his appearance, while DSS failed to announce its appearance.

    Barrister Dalhatu told the court that DSS got involved in the civil matter as a result of a court order, which directed the service to eject the shop owner.

    The legal practitioner, who said, he is not holding brief for DSS, tendered two orders that were granted by a Kano High court sitting in Bichi LG.

    He said, DSS acted in compliance with the order of the high court.

    He tendered an interim and interlocutory orders issued by a Kano High court sitting in Bichi.

    Counsel to the owner of the shop in dispute, Barrister A S Aikawa lamented that, DSS is a security outfit, which is empowered by law on issues of threat to national security as against getting involved into civil matters.

    He told the court that, it is unacceptable for DSS to ignore the order of the court, which requested DSS Kano command to appear before the court to explain, why the service should not be committed for contempt.

    In his ruling, Justice Farouk Lawan Adamu said, the court is confused over, on which of the either court orders did the DSS embark on the ejection of the occupant of the shop at Kantin Kwari.

    The judge ordered the court registry to write to Kano High sitting in Bichi to authenticate, if the order, on which DSS acted had emanated from the court.

    The matter is adjourned to July 13th for continuation.