The Court of Appeal sitting in Abuja on Wednesday, reversed the decision of the FCT High Court, which dismissed the objection raised by Barr. Julius Abure challenging his removal as chairman of the Labour Party (LP).
Delivering the Lead Judgement on Wednesday, Justice Hamma Akawu Barka, held that the appeal filed by Abure was meritorious and set aside the earlier judgement of the lower court.
Justice Barka held that the process applied by the lower court is incompetent as it wrongly assumed jurisdiction over the case.
He said that issues bothering on forgery, perjury and conspiracy are unproven and deal with serious issues of fact, so the suit should not begin with an originating summon.
The judge also held that the lower court was wrong to interfere in the internal affairs of the political party.
“The party is in its own right Supreme over its affairs, the court will not enforce its own will over that of the political party” Justice Barka held.
The court also held that no ward executive has the power to suspend a National officer of a political party dully elected by the National delegation, adding that such powers are exclusive to the National body.
Justice Barka therefore held that the appeal has merit and set aside the decision of the lower court.
It would be recalled that
Justice Hamza Muazu of the FCT High Court, Abuja had on May 13, 2023, dismissed the preliminary objection by Abure after a rulling on an ex-parte application which restrained him and three others; Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara, from acting as national executives of the party.
The suit was brought before the court by Martins Esikpali John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John Elomah and Ayobami Arabambi on the ground that the defendants forged several documents of the court to carry out unlawful substitutions in the last elections.
The appellate court however placed a fine of One million naira (N1,000,000) on the respondents.
