The Court of Appeal has set aside the judgement of an FCT High Court which restrained Julius Abure and two others from parading themselves as national officers of the Labour Party (LP).
Ruling on an ex parte application on April 5, 2023, Justice Hamza Muazu had restrained Abure, Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara from acting as national officers of the LP.
Also, Muazu on May 12, 2023 dismissed the preliminary objection raised by Abure challenging his removal as chairman of the LP.
The suit, filed by Martins Esikpali John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John Elomah, and Abayomi Arabambi, accused Abure and others of forging several documents of the FCT high court to carry out unlawful substitutions in the last elections.
The defendants through their lawyer, Alex Ejesieme (SAN), contended that an allegation of forgery against his clients cannot be brought before the court by way of originating summons.
Ejesieme alleged that the plaintiffs were not members of the LP and, therefore, lacked the locus standi to institute the suit.
He added that the matter bordered on the internal issues of the party which the court cannot interfere with.
Justice Muazu held that the court had the jurisdiction to hear the matter despite it being an internal affair of the party.
He added that there would have been no need to interfere, had the party been at peace.
The defendants, however, approached the appeal court for redress.
Delivering the lead judgment on Wednesday, Justice Hamma Barka held that the high court was wrong to have assumed jurisdiction on the matter.
He also held that the lower court was wrong to interfere in the internal affairs of the political party.
“The whole issue is premised on pre-election matters. The case of leadership tussle does not come under the jurisdiction of the court. It is an internal affair of the party. The case before the lower court is not justiciable, ” the appellate court ruled.
Justice Barka added that ward executives lacked the power to discipline or remove national executive members elected during a party’s convention, adding that the said the allegations of forgery, perjury and conspiracy were unproven.
Barka awarded N1milion in favour of the appellants.
Meanwhile, Lagos State chapter of the Labour Party (LP) has described the Appeal Court’s affirmation of Abure as the national chairman of the party as a good omen for its survival and fortune.
The secretary of the party in Lagos State, Mr Sam Okpala, stated this in an interview with the News Agency of Nigeria (NAN) on Wednesday in Lagos while reacting to the ruling of the Court of Appeal.
According to Okpala, the ruling should put to rest all the divisions and infighting within the party.
“This is a vindication of the truth. We, in the Labour Party, Lagos State, are happy with the development.
“When a lie is unchallenged for a long time, it is going to become or look like the truth; and no matter how far lies travel, truth must catch up and overtake it. That is just what has happened with the Court of Appeal’s ruling in favour of Abure.
“This portends good omen for the party to move forward together and swing another surprise in elections,” he said.
