17/05/2022

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PDP wants NJC to probe Justice Aliyu Usman for entertaining Secondus’ case

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The Bauchi State chapter of the People’s Democratic Party (PDP) has called on the state Chief Judge, Justice Rabi Talatu Umar and the state governor, Bala Mohammed, to make a complaint to the National Judicial Council (NJC) to investigate Justice Aliyu Baba Usman and the circumstances that led him to hear and grant reliefs over a case concerning the removal of Uche Secondus as the the national chairman of the party.

The state chairman of the party Hamza Akuyam made the call in a press release issued to DAILY Post on Wednesday where he alleged that the case was neither listed nor assigned to the judge by the State Chief Judge.

According to him, the case was instituted in Bauchi State High Court between Usman Yahuza Abdullahi and Peoples Democratic Party, Prince Uche Secondus, Senator Suleiman Nazif, Mr. Yemi Akinwonmi and Independent National Electoral Commission (INEC) where the plaintiff sought a relief in the form of an order of court that the tenure of Prince Uche Secondus having been put in abeyance by operation of law in view of his valid, lawful and subsisting suspension, the fourth defendant Mr. Yemi Akinwonmi or in his absence by reason of incapacitation on grounds of ill-health, the 3rd defendant Senator Suleman Nazif shall forthwith assume the position and exercise the powers.

He also wanted the court to empower him to call, summon and preside over the meetings of the party, summon or call for the ward, local government or state congress or set up any committees for such congresses, set up convention planning committee or organize and conduct the National Convention of the party as well as perform any other act pertaining to the office of the National Chairman of the party.

“The case was heard by Bauchi High Court 9 presided by Justice Sa’ad Mohammed Sambowal where the plaintiffs prayed the court to grant substituted service, and
to abridge the period of notice from 30 days as required by Law to 3 days.

“All the prayers sought were denied. The plaintiff thereafter filed a notice of withdrawal/discontinuance which the court granted. Surprisingly the case re-surfaced in Azare High Court 4 presided by Justice Aliyu Baba Usman, and on the 5th of October, 2021 all the prayers sought were granted.

“Of interest here are the following facts: –
Once a case is withdrawn/discontinued it must be RE-FILED afresh. No such was done in the exact case.

“Upon refilling the case, the State Chief Judge is required to assign the case to a new Judge. No such was done in exact case

“We as a party therefore wonder on whose authority did Justice Aliyu Baba Usman of High Court 4 Azare arrogate the powers of the State Chief Judge to himself.

“In our considered opinion, the learned judge allowed himself to be “forum-shopped” in order to appease some interests and embarrass the ruling party in the State, the government and the good people of the state,” he lamented.