THE COURT of Appeal in Abuja on Friday reaffirmed Mr Julius Abure as the national chairman of the Labour Party (LP).
The three-member panel, in a judgment delivered by Justice Hamma Barka, relied on its judgement earlier delivered on Nov. 13, 2024, to make the declaration.
The panel made the decision in two separate appeals.
While Sen. Esther Nenadi Usman & others were the appellants in the first appeal marked: CA/ABJ/CA/1217//2024, Labour Party & others were respondents.
In the second appeal marked: CA/ABJ/CV/1232/2024, the Independent National Electoral Commission (INEC) was the appellant while LP was the respondent.
The Appeal Court had on Nov. 13, 2024 in the earlier judgment in appeal number: CA/Abj/CV/1172/2024 between Labour Party (Appellant) against Chief Olusola Nehemiah Ebiseni and INEC (respondents), held that Abure remained LP national chair.
Justice Barka, therefore, held that the two appeals decided on Friday could not determine the leadership of the LP, having already been determined by the appellate court.
He said the appeals emanated from an incompetent suit and the trial court, presided over by Justice Emeka Nwite of a Federal High Court in Abuja, lacked jurisdiction to have determined the leadership of the party on Oct. 8, 2024, ordering INEC to among others, recognise and deal with the Abure-led leadership.
The judge, in the first appeal, held that in view of the fact that the leadership of a political party is not justiciable, the court had 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.
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.
For smooth access, follow National Record Channel on WhatsApp
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.
The judge, who said that both appeals were against the same Oct. 8, 2024 judgment by Justice Nwite, applied the judgment in the first appeal to the second one filed by INEC.
Barka clarified that the leadership of the LP remained as it was decided in the Nov. 13, 2024 judgment “of this court which I had the privilege of delivering on the 13th day of November, 2024, that Barrister Abure was adjudged as the National Chairman of the first respondent (LP). That judgment still stands.”
The judge directed parties and the general public to respect the judgement of the Court of Appeal which earlier affirmed Abure as the national chairman of the LP. (NAN)
