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Appeal Court affirms Abure as Labour Party’s National Chairman

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The Court of Appeal sitting in Abuja, on Wednesday, affirmed Mr. Julius Abure as the authentic National Chairman of the Labour Party, LP.

The appellate court, in a unanimous decision by a three-member panel of Justices, vacated an order of the High Court of the Federal Capital Territory, FCT, Abuja, which barred the Abure-led Executives from piloting the affirms of the political party.

The high court order was a fallout of a suit that was filed by the Chief Lamidi Apapa-led faction of the party.

In the ruling he delivered on April 5, 2023, Justice Hamza Muazu restrained Mr. Abure from parading himself as the National Chairman of the LP.

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He equally barred Umar Farouk Ibrahim, Oluchi Opara and Clement Ojukwu, from further functioning as National Secretary, National Treasurer and National Organising Secretary of the party, restrictively, pending the determination of a suit before it.

The restraining order followed an ex-parte application that was brought before the court by eight aggrieved members of the party loyal to the Apapa faction.

Those behind the suit marked: CV/2930/2023, which has the LP as the 5th Defendant, were: Mr. Martins Esikpali John O., Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, Job Elomah and Dr. Abayomi Arabambi.

Specifically, the plaintiffs had through their team of lawyers led by Chief James Ogwu Onoja, SAN, prayed the court to among other things, declare that, “the 1st Defendant (Abure) cannot continue to function in office as the National Chairman of the 5th Defendant as a result of his suspension by the Ward 03 Executive, Arue, Esan North East Local Government Area dated 31st March, 2023”.

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They further prayed the court for; “A declaration that the 1st — 4th Defendants cannot continue to remain in office as National Chairman, National Secretary, National Treasurer and National Organising Secretary of the 5th Defendant consequent on the prima facie case of forgery, perjury and conspiracy established against them by the Commissioner of Police F.C.T and the High Court of the Federal Capital Territory pending their prosecution in court.

“A declaration that the 1st — 4th Defendants lack the moral and legal standing to continue to function in office as the National Chairman, National Secretary, National Treasurer and National Organising Secretary of the 5th Defendant having been indicted upon established prima facie case by the Commissioner of Police, F.C.T and the High Court of the Federal Capital Territory, Abuja.

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“An order directing the 1st Defendant to vacate office as the National Chairman of the 5th Defendants based on the communique issued by the Ward 03 Executive, Arue, Esan North East Local Government Area of the 5th Defendant, Edo State Chapter dated 31 st March, 2023.

“An order directing the 1st , 2nd , 3rd and 4th Defendants to vacate office as the National Chairman, National Secretary, National Treasurer and National Organising Secretary of the 5th Defendant having been indicted upon established prima facie case by the Commissioner of Police, F.C.T and the High Court of the Federal Capital Territory, Abuja.

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“An order directing the National Executive Committee and the National Working Committee of the 5th Defendant to appoint interim National Chairman, National Secretary, National Treasurer and National Organising Secretary for the 5th Defendant pending the convention of the 5th Defendant for such purpose”.

As well as, “an order of perpetual injunction restraining the 1st, 2nd, 3rd and 4th Defendants from henceforth parading themselves as the National Chairman, National Secretary, National Treasurer and National Organising Secretary respectively of the 5th Defendant”.

However, following the dismissal of a preliminary objection he filed to challenge the competence of the suit as well as the ex-parte orders, Abure took the case before the Court of Appeal.

Delivering judgement in the matter on Wednesday, the appellate court, in its lead decision that was read by Justice Hamma Barka, faulted the lower court which it said wrongly assumed jurisdiction in the matter.

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The appellate court held that the case of the Plaintiffs was incompetent, noting that since they raised issues that bordered on fraud and criminality, they ought to have commenced the action through a Writ of Summon which would allow the parties to call witnesses and tender relevant evidence before the court.

It maintained that Justice Muazu was wrong when he held that the case could be effectively determined through an Originating Summon.

“Unless an action is initiated by a proper process of law, the action becomes a waste of time despite how competent it may be.

“The aim of an Originating Summon is to speed up the process. But where there are serious issues of fact, it should not begin with an Originating Summon,” the appellate court held.

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It further queried the statutory powers of Ward Executives of a political party to suspend National Officers of the party.

More so, the appellate court held that issues the Plaintiffs raised before the high court, bordered on the domestic affair of a political party which no court was permitted to delve into.

Aside from upholding Abure’s appeal marked: CA/ABJ/CV/559/2023, the appellate court awarded a cost of N1million against the Respondents.

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Breaking! LP crisis takes fresh twist as ‘new’ chairman emergesl

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The crisis within the Labour Party (LP) has taken a new twist as Callistus Okafor, a former Deputy National Chairman, has laid claim to the National Chairmanship position.

Mr Okafor has announced his decision to “take over” the party, citing a 2018 consent judgment from the Federal High Court.

The politician made the declaration at a press conference in Abuja on Friday.

Okafor explained that the court ruling, delivered by Justice Gabriel Kolawole, resolved a leadership dispute between the late National Chairman, Abdulkadir Salam, and a rival faction led by Salisu Mohammed. The judgment declared that separate national conventions held by both parties were “inclusive.”

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Okafor argued that this ruling was ignored, allowing Julius Abure to inherit and build on a faulty structure to become National Chairman.

As a member of the 2018 National Working Committee, Okafor claimed that he and others are beneficiaries of the court judgment.

Okafor announced plans to hold an all-inclusive convention within six months to reconcile aggrieved members and unite the party.

He said, “The owner of the house has taken the house. When I mean owner, I am not contesting Labour Party leadership with NLC, no.”

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“I’m talking about the process. The midwifing of this process (fresh convention).

“The 2014 convention is the right avenue to midwife it. For that reason Callistus Okafor is now the acting chairman of Labour Party.

“Sequel to the above development, members of the 2014 National Working Committee who are beneficiaries of the consent judgment have agreed to midwife an all-inclusive and expansive convention in compliance with the Consent Judgment delivered by Hon Justice G.O. Kolawole, and further agree to within six months embark on a purposeful reconciliation of all aggrieved members and groups to achieve a united, focused Labour Party that will redefine political leadership in Nigeria’s quest for a better nation.”

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Edo: Appeal Court upholds Ighodalo’s candidacy, fines Shaibu N1m

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The Court of Appeal in Abuja, on Monday, upheld the emergence of Asue Igbodalo as the candidate of the Peoples Democratic Party for the September 21 governorship election in Edo State.

The appellate court, in a lead judgment by Justice A. M. Lamido, dismissed the appeal, marked CA/ABJ/CV/642/2024, filed by the reinstated Edo State Deputy Governor, Philip Shaibu.

The appellate court, which described Shaibu’s appeal as incompetent, awarded N1m against him in favour of Ighodalo.

The appellate court affirmed the May 27 judgment of Justice James Omotosho of the Federal High Court in Abuja, which earlier dismissed Shaibu’s suit challenging Ighodalo’s candidacy.

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Justice Omotosho had held that Shaibu’s suit was premature, having not exhausted the PDP internal dispute resolution mechanisms before heading to court.

The Court of Appeal agreed with the lower court’s verdict.

“The conduct of an election as well as results are presumed regular until the contrary is proved and there was no evidence from the affidavit of the appellant to show votes were allocated to the 4th respondent. The suit is premature and the position of the lower court is unassailable.

“The appellant failed to prove his case as held by the trial court. The issue is resolved against the appellant and in favour of the respondents.

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“Judgment of trial court is hereby affirmed. A cost of 1,000,000 is awarded against the appellant and in favour of the respective respondents,” the appellate court held.

Last week, the Federal High Court in Abuja also dismissed the second suit filed by Shaibu’s seeking Ighodalo’s candidacy.

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‘I Will Fight So That Governors Will Respect Their Deputies’ – Shaibu

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Reinstated Deputy Governor of Edo State, Philip Shaibu, has stated that his legal battle against impeachment was a fight to protect the dignity and office of deputy governors across Nigeria, which he believes has been ridiculed since the return of democracy in 1999.

Speaking after a thanksgiving service at St. Paul’s Catholic Church in Benin on Sunday, Shaibu described his court victory as a win for democracy and an act of God.

He emphasized the need for the National Assembly to enact laws that would safeguard the office of deputy governors, ensuring they are treated with the respect and consideration they deserve.

Shaibu expressed dismay over the treatment of deputy governors by some state governors, highlighting the systemic disdain despite both offices running on the same electoral ticket.

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He stressed that his struggle was not just personal but aimed at setting a precedent that upholds the integrity of the office of the deputy governor.

The deputy governor also called for an investigation into the death of Police Inspector Onu Ako, who was killed on Thursday during Shaibu’s exit from Benin Airport alongside All Progressives Congress (APC) governorship candidate, Senator Monday Okpebholo.

Shaibu’s reinstatement by the Federal High Court in Abuja presided over by Justice J. K. Omotosho, marked a significant turn in Edo State politics.

The court overturned his impeachment and ordered the payment of his salaries and allowances from April when he was impeached.

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Additionally, the court issued an injunction restraining the state government from preventing Shaibu from performing his official duties.

In his address, Shaibu reiterated his commitment to serving the people of Edo State and working towards improving governance and democratic principles in Nigeria.

Philip Shaibu’s legal battle began after his impeachment by the Edo State House of Assembly, a move that was met with widespread criticism and legal challenges.

He said, “My fight to be reinstated is for all the people occupying the office in the country. The office has been ridiculed since the return of democracy in 1999.

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“I will continue to fight to make sure that sanity and respect are brought back to that office. All I am doing is not to earn anything but to make sure that the sanity of the office of the deputy governor is restored in line with the constitution of the Federal Republic of Nigeria.

“What other deputy governors cannot fight against, I will fight on their behalf so that governors will start respecting that office.”

On his victory in the court, he said, “I challenged God, and I told Him that I want him to prove His power in my life, that people that are anti-God and anti-democracy are at it again, and they want to use me as a scapegoat, I told God to show to the world that I am truly his son.

“They said they will impeach me, and I will go to court and that by the time judgment will come, the tenure will have been over, I now challenged God to prove to them that they have touched His anointed and that the judgment will come faster, more than expected. I said I will need the judgment to come before the election.

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“By the grace of God, democracy has come to stay, and we that fought for democracy will protect it; anti-democratic forces must be flushed out, and we will succeed.”

Shaibu also urged the youths in the state not to allow themselves to be used but should vote in the election to remove “anti-democratic people”.

He added, “This election is the time to change anti-democratic forces, and you must do it through the ballot. Don’t engage in violence, and I have been preaching this for the past year when the intimidation and harassment against me started.”

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