FCT court grants stay on Apapa’s suit challenging Abure as Labour Party chairman

State High Court of the Federal Capital Territory (FCT) sitting in Maitama, Abuja, Friday, granted a stay of execution on the suit filed by Lamidi Apapa challenging the position of Barrister Julius Abure as National Chairman of the Labour Party.

The court had in April, this year, granted the Apapa faction an ex parte order which they exploited to announce themselves as the authentic leadership of the party.

At the resumed hearing, May 12, while the Abure sought an order vacating the ex parte issued in favour of the Apapa faction, the presiding judge, Justice Hamza Muazu instead insisted on proceeding with hearing the motion against the suspended National Chairman, Julius Abure and three other members of the party’s National Working Committee (NWC).

However, at its resumed hearing 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.

Reacting to claims by Chief Lamidi 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.’

“The FCT State High Court  under his Lordship, Justice Hamza Muazu today (May 12) 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.

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

At the resumed hearing, Friday, May 12, 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.’

Last Thursday, while addressing a press briefing, in Abuja, Abure said the Labour Party has formally filed an appeal which has been officially put on the Cause list of the Court of Appeal in Abuja, which therefore, leaves the FCT court with no jurisdiction to entertain the suit any longer.

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 pending the determination of the suit by the Court of Appeal.

“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.

“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.

Delivering judgement at the resumed hearing on the Apapa suit, the FCT court’s presiding judge, Justice Muazu ruled for a stay of execution pending the determination of the suit by the appellant court.

“At the FCT state High Court today, Friday May 19, between Apapa’s group and Abure, our lawyers confronted the claimants (Apapa) lawyer who was opposing our oral application for stay since all evidence of a valid and subsisting appeal was before the court.

“Eventually, being thoroughly boxed to a corner, the Judge succumbed and granted stay pending appeal.

“Congratulations to Abure and Labour Party,” the party disclosed.