‘Labour Party has no faction’ – Abure declares

Crisis rocking the Labour Party (LP) took a new twist, Thursday, as the suspended National Chairman, Barrister Julius Abure declared that there is no faction within the political group.

The declaration follows on the heels of factional leader, Mr Lamidi Apapa’s frantic efforts to assert himself as the chairman of the party by first directing lawyers representing the Labour Party and its presidential candidate, Mr Peter Obi to henceforth report to him for briefing in the petition before the Presidential Election Petitions Tribunal (PEPT) in Abuja.

Lamidi also went ahead to present himself at the PEPT pre-hearing, Wednesday, seeking to represent the party, where he was ordered out of the courtroom by the Presiding Judge, Justice Haruna Tsamani.

The Labour Party has been embroiled by an internal leadership crisis between two factions led by Lamidi Apapa which claims a court injunction had conferred on it the status of authenticity, as against the much popular and mainstream leadership headed by the now suspended National Chairman, Barrister Julius Abure.

The Federal Capital Territory (FCT) State High Court in Abuja had adjourned till Friday, May 12 to consider an earlier ex parte order it granted to the Lamidi Apapa faction, which it exploited to announce itself acting National Chairman.

However, at its resumed sitting on May 12, the presiding judge, Justice Hamza Muazu ruled to proceed with hearing the substantive suit filed by the Apapa faction on which it had earlier granted them the ex parte order.

However, reacting to claims by Mr Apapa on the court authenticating his leadership of the party, the mainstream body dismissed such, as it restated that Julius Abure remains the Labour Party’s National Chairman.

According to the party’s Acting National Publicity Secretary, Obiora Ifoh, Justice Muazu ‘only said that he will go ahead to hear the substantive matter.’

It would be recalled that at the adjournment, Friday, Apapa had also told journalists at the court premise that he has instructed all the lawyers engaged by the mainstream body and representing both the party and its presidential candidate, Mr Peter Obi, to brief him in the next 48 hours on the status of the petition before the Presidential Election Petitions Tribunal (PEPT) in Abuja, where the Labour Party is challenging the declaration of the candidate of the All Progressives Congress (APC), Bola Tinubu as president-elect by the Independent National Electoral Commission (INEC) at the conclusion of the February 25 poll.

“The FCT State High Court  under his Lordship, Justice Hamza Muazu today said he will go ahead to hear the motion by the group loyal to the suspended Deputy National Chairman, Lamidi Apapa against some of our leaders including the National Chairman, Julius Abure and three others.

“In his Lordship ruling, he said that he will go ahead to hear the substantive matter. As to this, the matter was adjourned to Friday, May 19 for the start of the case proper and for further deliberations.

“Today’s sitting is not for judgement as no judgement was given by the court as Apapa’s group is peddling in their usual way of misinforming Nigerians.

“Meanwhile, Barrister Julius Abure remains the National Chairman of the Party pending the final determination of the matter,” Ifoh said last Saturday.

However, at the resumed hearing, last Friday, the Justice Muazu declined to vacate the ex parte order it granted to Apapa, as he insisted on hearing the substantive suit filed by the breakaway faction against Abure and some members of the National Working Committee (NWC) of the LP.

The decision by Justice Muazu prompted the Abure faction to file an appeal, as, according to them, ‘we are appealing the ruling immediately because we know we will not get justice from the court.’

The Apapa faction is known to be favourably disposed to the ruling All Progressives Congress (APC) president-elect, Bola Tinubu, as it also claims to be against the petition filed by the Labour Party and Peter Obi, in preference of an alternative solution to resolving the electoral dispute.

Speaking during a World Press Conference, which he personally addressed at the Labour Party’s National Secretariat, in Utako, Abuja, Thursday, Barrister Abure said since the matter has now been entered into the Cause list of the Court of Appeal also in Abuja, the FCT High Court of Justice Muazu no longer has jurisdiction to entertain the suit brought by the Lamidi Apapa faction.

According to Abure, the situation means also that he remains the National Chairman of the Labour Party.

“It has become imperative for me to address this press conference to properly put the legal issues surrounding the leadership of the party on their proper perspectives for quite some time now about the leadership of the party. It is pertinent to state categorically and clearly that Labour Party has no faction. Labour Party has only one leadership and that leadership is the National Working Committee led by myself, Barrister Julius Abure.

“Recall that some few members of the party burgled themselves into the office and appointed themselves, four of them, as officers of the party acting on the purported and upon a restraining order, an ex parte order granted by the FCT High Court.

“A cursory look at the originating summons which is pending before the High Court of the FCT, Apapa and his cohorts asking that court upon granting their reliefs in the final judgement to direct the NEC to appoint interim National officers for the party.

“Out of desperation they are not patient enough to wait for the outcome of the final judgment but employed self-help and appoint themselves as National Officers of the Party.

However, our objection to the court jurisdiction was overruled by Justice J. Muazu of FCT High Court on the 12th of May. On the same day, we filled a Notice of Appeal. Then on Wednesday 17th May, the Appeal was entered at the Court of Appeal No. CA/ABJ/CV/559/2023. Also we have filled our Appellant Brief of Argument which has been served on the trail courts.

“By necessary implication, the FCT High Court in Maitama ceases to have jurisdiction over the matter. The matter is now on the course list of the Court of Appeal. So, what the High Court judge is expected to do is to adjourn the matter sine-die.

“It is worthy of note that in 2021 in Suleiman V. APC reported in NWLR (2023) 5 NWLR 211-416 Supreme Court same Justice Muazu wrongly assumed jurisdiction. His decision jettison by the Court of Appeal and the Supreme court. This report was communicated but surprisingly he went ahead to assume jurisdiction.

“However, having appealed and filed a motion for stay which has been served on the judge, I and my colleagues have now fully assumed our constitutional responsibilities as National Officers of the Party,” Abure said.

The crisis rocking the LP, according to Mr Ifoh started immediately after Lamidi Apapa and his group obtained an ex parte order from the FCT court which they exploited to announce themselves as the party’s recognised leadership.

“On the 5th of April, 2023, an Edo State High Court restrained the Labour Party Executive of Ward 3, Arue Uromi, Edo state from suspending Barrister Julius Abure as the National Chairman of Labour Party.

“In the case filed before His Lordship, Justice E.O Ahamioje, with case NO. HCU/21/2023, Julius Abure on behalf of other claimants filed the Motion ex-parte against the defendants including Thompson Ehiguese who is the Ward 3 Chairman, Lucky Shaibu and Labour Party.

“The enrolment orders include but not limited to an order of interim injunction restraining the party or officers of the party from suspending or expelling Abure, pending the determination of the motion on notice. On this, Justice Ahamioje after consideration of the claims granted interim injunction restraining the defendants from suspending Abure.

“Same day, an Abuja High Court presided over by Justice Muazu also issued an ex-parte order restraining Abure and three others from parading themselves as national officers of the party. Armed with the order, Apapa and his dissident group, like uncaged lions, without the approval of the NEC of the party, procured the services of thugs, Police and DSS and marched to the national headquarters of the party, massively attacked the property, pulled down the fences, burglaries, doors and window to have access to our Secretariat and in the process sacked workers and party members who were at the Secretariat. “They took away files, computers, financial document amongst others including going as low as packing bottles of wines and other gift items found in the offices. In fact, they striped the office bare.

For emphasis, the Edo State High court and the FCT High court are courts of equal and coordinate jurisdiction.

“It amazes one to note that while they are quick to respect the order of the FCT court they flagrantly dishonoured the Edo court orders, even when they are fully aware of the consequences of their actions. “Within minutes of the brutal invasion, they reversed most of the decisions passed by the legally constituted NWC for which all of them played active roles. They upturned the suspension of the former National Youth Leader, Anselem Eragbe and the former National Publicity Secretary, Abayomi Arabambi. They went ahead and awarded themselves title and offices in contravention of the court order.

“I will pause here to tell you our worries about the absurdity and abnormality of the ex-parte order granted by Justice Muazu which has since emboldened these dissidents. An ex-parte order is granted to protect the res, that is the property. And who is the party? The current and legally elected leadership. “The res is Abure who is the chairman of the party. Ex-parte order is granted on extreme emergency. For ex-party order to be granted, it means that the matter must be an urgent one. If it is not granted within 48 hours, something will happen or maybe someone will die.

“There was nothing urgent in this matter so the judge is not supposed to grant it. It is when there is a strong threat to the res or property, or the property is going to be destroyed that the order can be granted.

“Rule 43, order 3 of the FCT laws states that an ex-parte order lasts after 7 days. But the judge mischievously in awarding the order, stated that it will be pending until the hearing and the determination of the motion on notice.

“It means that he must determine the motion on notice. We fear that the order is now beginning to take the shape of an interlocutory order. The order ought to be a short term but it is becoming long like an interlocutory which lasts through the pendency or life time of the matter.”