The Court of Appeal Abuja has reiterated that Julius Abure remains the National Chairman of the Labour Party.
A three-member panel of the appellate court in a judgment delivered by Justice Hamma Barka held that its judgment of November 13, 2024, which recognizes Abure as LP national chairman subsists and has not been set aside by any court.
The Presiding Justice of the Abuja division of the Court of Appeal, Justice Hamma Barka stated this while delivering judgments on Friday in two appeals, marked: CA/ABJ/CV/1271/2024 (filed by Senator Esther Nenadi Usman and one other) and CA/ABJ/1232/2024 (filed by the Independent National Electoral Commission – INEC and one other), with LP and others as respondents
Justice Barka made the declaration while delivering judgment in two separate appeals filed by Senator Esther Nenadi Usman and the caretaker committee and the Independent National Electoral Commission (INEC).
The appellate court in the two separate appeals held that it did not delve into the issue of the leadership of the Labour Party, because such issues are not justiciable.
According to the appellate court, anything that is done outside jurisdiction amounts to a nullity. Hence the appeals were against the October 8, 2024 judgment delivered by Justice Emeka Nwite of the Federal High Court, Abuja ordering INEC to among others, recognise and deal with the Abure-led leadership of the LP.
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Justice Nwite had in his judgement in October 2024, affirmed the Abure-led leadership and the March 2024 Nnewi convention that produced the national leadership.
Justice Nwite further ordered the Independent National Electoral Commission (INEC) to recognise Abure as the legitimate chairman, overriding the Commission’s earlier stance that Abure’s leadership was invalid.
While striking out the suit for want of jurisdiction, he held that the appellate court relied on its previous judgement of November 13 last year to hold that “Abure Remains National Chairman of the Labour Party”.
Justice Barka proceeded to hold that since the lower court lacked the jurisdiction to hear the case, all what it did without jurisdiction, including its judgment amounted to a nullity.
He then set aside the judgment by Justice Nwite and also struck out the suit marked: FHC/ABJ/CS/1271/2024 for want of jurisdiction.
Justice Barka, who noted that both appeals are against the same October 8 judgment by Justice Nwite, applied the judgment in the first appeal to the second one filed by INEC.
The judge added that in view of the fact that the leadership of a political party is not justiciable, the court has no jurisdiction to determine whether or not the leadership of a party is well constituted. He held that the issue of leadership is an internal affair of the political party, which the trial court could not determine in that case.
In his words, “I am of the view that and so hold that the basis of these cogent verifiable documents, the defendants attempt to impeach the validity of the leadership of the plaintiff fails.
“The plaintiff has proved his case. I hereby make an order compelling the defendant to accord the plaintiff’s political party under the leadership of Barrister Julius Abure all the rights and privileges accorded a political party duly registered in Nigeria.”
INEC had argued that the Labour Party’s national convention violated the Nigerian Constitution and Electoral Act and that the party failed to meet legal requirements for holding the convention.
He then proceeded to clarify that the leadership of the LP remains as it was decided in the November 13, 2024 judgment “of this court which I had the privilege of delivering on the 13th of November 2024, that Barrister Abure was adjudged as the National Chairman of the first respondent (LP). That judgment still stands.”
Justice Barka said the two appeals, decided on Friday, did not determine the leadership of the LP at all, which issue had been decided in the November 13 judgment.
