Appeal court affirms Abure as LP chair

The court of appeal in Abuja has affirmed Julius Abure as the national chair of the Labour Party (LP).

On Wednesday, the appellate court set aside the judgment of a federal capital territory (FCT) high court which restrained Abure and two others from parading themselves as national officers of the party.

Hamman Barka, head of the three-member panel of justices, held that the FCT high court was wrong to have assumed jurisdiction on the matter.

The court also awarded the sum of N1 million in favour of Abure and other appellants in the matter.

BACKGROUND

In April 2023, the FCT high court issued an order restraining Abure from parading himself as the national chair of the LP.

While ruling on an ex parte application, Hamza Muazu, the presiding judge, also restrained Farouk Ibrahim, national secretary; Clement Ojukwu, national organising secretary; and Oluchi Opara, treasurer; from parading themselves as national officers of the party.

The plaintiffs in the suit marked: CV/2930/2023 are Martins John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, Job Elomah, and Abayomi Arabambi.

The plaintiffs told the court that the defendants forged several documents of the court to carry out unlawful substitutions in the last elections.

Abure, through Alex Ejesieme, his lawyer, filed a preliminary objection against the suit, saying an allegation of forgery cannot be brought before the court by way of an originating summon.

Ejesieme alleged that the plaintiffs are not members of the LP and therefore, lack the locus standi to institute the suit, adding that the matter borders on the internal issues of the party which the court cannot interfere with.

On May 13, 2023, Muazu dismissed the preliminary objection by Abure on the ex-parte application which restrained him, Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara, from acting as national executives of the LP.

Muazu held that the court has jurisdiction to hear the matter even though it relates to the party’s internal affairs.

He added that the plaintiffs were right to have instituted the case by originating summons and subsequently restrained Abure and his executives from acting as national officers of the party.

APPEALING THE JUDGMENT

Dissatisfied, Abure appealed the judgment, while asking the court to determine whether the lower court was right in dismissing his preliminary objection.

On Wednesday, Barka held that the process applied by the lower court was incompetent as it wrongly assumed jurisdiction over the case.

He said issues bordering on forgery, perjury and conspiracy are unproven and are serious matters of fact, so the suit should not begin with an originating summon.

The judge also held that the lower court was wrong to have interfered in the internal affairs of the political party.

“The party is in its own right supreme over its affairs. The court would not enforce its own will over that of the political party” Barka said.

“The judgment of the lower court is hereby set aside.”

The court also held that no ward executive has the power to suspend a national officer of a political party duly elected by the national delegation, adding that such powers are exclusive to the national body of the party.