A High Court of the Federal Capital Territory, FCT, sitting at Maitama, on Thursday, fixed May 12 to rule on a preliminary objection the embattled National Chairman of the Labour Party, LP, Mr. Julius Abure, filed to challenge the competence of the suit seeking his removal from office.
Justice Hamza Muazu adjourned the matter for ruling, after he entertained arguments from Abure and other national leaders of the party, who contended that the lawsuit bordered on internal affairs of a political party.
The Defendants, through their team of lawyers led by Mr. Ben Nwosu, maintained that the court lacked the requisite jurisdiction to meddle in the matter which they described as non-justiceable.
It will be recalled that the court had in a ruling it delivered on April 5, restrained Mr. Abure from parading himself as the National Chairman of the LP.
The court 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.
Those behind the suit marked: CV/2930/2023, which has the LP as the 5th Defendant, are; Mr. Martins Esikpali John O., Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, Job Elomah and Dr. Abayomi Arabambi.
Specifically, the plaintiffs, through their team of lawyers led by Chief James Ogwu Onoja, SAN, prayed the court to among other things, declare that, “the 1st Defendant cannot continue to function in office as the National Chairman of the 5th Defendant as a result of the suspension by the Ward 03 Executive, Arue, Esan North East Local Government Area dated 31st March, 2023”.
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.
“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.
“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”.
At the resumed sitting on Thursday, the plaintiffs urged the court to dismiss the preliminary objection, adding that they have also initiated contempt proceedings against the Defendants.
Justice Muazu had on April 17 declined to vacate the interim order against the Abure-led Executives which conducted the primary election that produced Mr. Peter Obi as candidate of the LP for the presidential election that held on February 25.
The Plaintiffs told the court that the Defendants forged several documents of the FCT High Court and relied on same to unlawfully substitute several candidates of the party in the recently concluded general elections.
They told the court that among documents that were forged by the Defendants, included receipts, seal and affidavits, adding that the Chief Registrar of the court had in a letter he earlier wrote to the party, disowned the documents.
