The Kano State Complaints Commission and its chairman were ordered to appear in court on August 2, 2023.
On Tuesday, the court granted a request from the 28 other Local Government chairmen in Kano State and issued an order.
The court requires them to explain why they shouldn’t be banned from summoning or intimidating Kano’s 39 Local Government Accountants’ directors, personnel management, and cashiers.
Background
A group of 29 local government chairmen, including Mamuda A. Abdullahi of Makoda Local Government in Kano State, have filed an ex-parte application with the court.
They are asking for an order to prohibit the Kano State Public Complaints and Anti-Corruption Commission and its Chairman, Barrister Muhuyi Rimin Gado, from taking any further actions until the originating motion on notice is heard and decided.
The motion was filed on July 24, 2023, by their lawyer Morgan Omeresanye, along with an affidavit in support that was sworn by Barrister Arthur C Nwosu.
All pertinent exhibits were submitted to the court registry as part of the application.
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Applicant`s Prayer
The Applicants are praying the Court to grant “An interim injunction, restraining the Respondents, jointly, severally, personally or through their agents, servants, privies and or assigned whomsoever and whatsoever from inviting, investigating, arresting, detaining or intimidating the applicants’ Director of Personnel Management, their Cashiers and any other officials in respect of the Local Government Accounts, their personal account vouchers and cash book of Local Government Account herein, pending the hearing and determination of Applicants’ Motion on notice.”
“An order of the court granting an injunction restraining the Respondents jointly, severally, personally or through their Agents servants whomsoever from taking further steps in connection with, or relating to or arising from an invitation by the Respondents against the Applicants Directors of Personnel Management, Cashiers or any other officials as communicated in 1st Respondent’s Letter 7th July 2023 respectively, pending the hearing and determination of Applicants’ motion on notice.
“An Order of this Honourable Court, granting an accelerated hearing of the Applicants Motion on Notice and directing the Respondents to maintain Status Quo in respect of the subject matter of this suit, pending the hearing and determination of the Applicants’ Motion on Notice.”
Court`s decision
In his ruling, Justice Ahmed Ramat Mohammed has instructed the respondents to appear before his Court on August 2nd.
The judge said “An Order is hereby made directing all the Respondents to appear before this court on 2nd August 2023 and show the cause why the interim orders sought by the Applicants vide their Motion Exparte should not be granted”
“It is also directed that the Motion Exparte for interim orders of injunction and the substantive motion on notice, should serve on Respondents.”
The orders given by Justice Ramat were based on the guidelines set out in Order V Rule 4 (v) of the Fundamental Rights (Enforcement Procedure) Rules, 2009.
As a result, the case has been postponed until August 2, 2023, to provide the respondents with the opportunity to attend court and provide justification.