The Judge of the Kaduna State High Court of justice No. 1 sitting in Zaria, M. k Dabo, yesterday, set Friday, 16 day of July, 2021 for ruling on whether the court lacks the jurisdiction to grant an interim exparte order restraining the Speaker of the Kaduna State House of Assembly, KDSHA, from swearing in the second defendant, Hon. Ubale Alibaba as member of KSHA (winner of the re-run election in Sabon Gari Constituency in Zaria) as challenged by the Counsel to the second defendant, Barr. Samuel Atung.
Previously, the trial Judge had granted an interim order exparte pursuant to which he restrained the Speaker of the KDSHA from swearing in Ubale Alibaba who is the elected member of the Sabon Gari Constituency in the KDSHA.
The Judge in his own wisdom asked the parties to address him on whether he has the jurisdiction in the first instance to issue such an order. Incompliance, with that order of Court parties addressed the Court on the propriety or otherwise of the order exparte made on the 1st day of July, 2021.
However, in a dramatic twist, the 1st and 3rd Plaintiffs deposed to an affidavit to the effect that they never instructed anybody to institute a suit on their behalf. The 1st defendant who allegedly deposed to affidavit in support of the originating summon disclaimed the said affidavit by deposing to an affidavit to that effect which was annexed to the 1st and 2nd defendants’ Counter affidavit to the Originating Summons.