Appeal Court okays Abure as LP’s National Chairman
The Court of Appeal sitting in Abuja, on Wednesday, affirmed Mr. Julius Abure as the authentic National Chairman of the Labour Party.
The appellate court, in a unanimous decision by a three-member panel of Justices, vacated an order of the High Court of the Federal Capital Territory, FCT, Abuja, which barred the Abure-led Executives from piloting the affirms of the political party.
The high court order was a fallout of a suit that was filed by the Chief Lamidi Apapa-led faction of the party.
In the ruling on April 5, 2023, Justice Hamza Muazu restrained Abure from parading himself as the National Chairman of the LP.
He equally barred Umar Farouk Ibrahim, Oluchi Opara and Clement Ojukwu, from further functioning as National Secretary, National Treasurer and National Organising Secretary of the party, restrictively, pending the determination of a suit before it.
The restraining order followed an ex-parte application that was brought before the court by eight aggrieved members of the party loyal to the Apapa faction.
Those behind the suit marked: CV/2930/2023, which has the LP as the 5th Defendant, were: Mr. Martins Esikpali John O., Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, Job Elomah and Dr. Abayomi Arabambi.
Delivering judgement in the matter on Wednesday, the Appeal Court in its lead decision that was read by Justice Hamma Barka, faulted the lower court which it said wrongly assumed jurisdiction in the matter.
The appellate court held that the case of the plaintiffs was incompetent, noting that since they raised issues that bordered on fraud and criminality, they ought to have commenced the action through a Writ of Summon which would allow the parties to call witnesses and tender relevant evidence before the court.
It maintained that Justice Muazu was wrong when he held that the case could be effectively determined through an Originating Summon.
The Court said, “Unless an action is initiated by a proper process of law, the action becomes a waste of time despite how competent it may be.”
Aside from upholding Abure’s appeal, the appellate court awarded a cost of N1m against the respondents.