The Court of Appeal in Abuja overturned a previous ruling by the Federal Capital Territory High Court that had barred Julius Abure from claiming the position of the National Chairman of the Labour Party (LP).
The initial restriction on Mr. Abure was imposed by Justice Hamza Muazu of the FCT High Court. This was in response to a lawsuit filed by eight party members who were supporters of Lamidi Apapa, the self-declared factional chairman of the party.
The plaintiffs, represented by Chief James Ogwu Onoja, had sought a court declaration that Abure was unfit to continue as the National Chairman of the LP due to his suspension by the Ward 03 Executive, Arue, Esan North East Local Government Area on March 31, 2023.
Onoja contended that Abure and his national executives were ineligible to hold their respective positions within the LP due to allegations of forgery, perjury, and conspiracy leveled against them by the FCT Police Commissioner and the FCT High Court, pending their court prosecution. The FCT High Court had granted this request, a decision that was subsequently challenged by Abure’s legal team.
After his initial objection to the restraining order was dismissed by Muazu, Abure sought relief from the appeal court.
Justice Hamma Barka of the appeal court, in his Wednesday judgment, ruled that the lower court had erred in assuming jurisdiction over a case that was improperly filed. He stated that any action must be initiated by a proper legal process, otherwise it becomes futile, regardless of its competence.
He further explained that an Originating Summon is intended to expedite the process, but it should not be used when there are significant factual issues. The appeal court thus upheld Abure’s position as the National Chairman of the LP.
