Labour Party: Court to rule on Apapa faction’s ex-parte order against Abure, others, Friday

Federal High Court of the Federal Capital Territory (FCT) in Abuja will, Friday morning, rule on the ex-parte order it granted to the Lamidi Apapa faction of the Labour Party, while seeking an order to permanently restrain the remaining National Working Committee (NWC) members of the mainstream body from functioning.

The Apapa faction which has publicly endorsed the ruling All Progressives Congress (APC) candidate and President-elect, Bola Tinubu’s inauguration on May 29, seeks also to scuttle the presidential candidate of the party, Mr Peter Obi’s petition at the Presidential Election Petitions tribunal (PEPT).

According to Apapa, its faction considers an alternative solution to the electoral dispute.

The outcome of the case if not favourable which is scheduled for Friday morning, by 9am, according to Cause list of the Abuja High Court could effectively mar the petition of Obi, though the latter filed as himself with the party as second petitioner.

The court will be ruling on the injunction filed by the Abure group will either set aside its ex-parte motion terminating the Apapa faction, or elongate its tenure, which effectively seals the fate of the mainstream leadership of the party.

Explaining the events leading up to Friday’s hearing at the Abuja court, Acting National Publicity Secretary, Obiora Ifoh, addressing newsmen at a briefing, last week, said the Abuja court had fixed May 12 to rule on the ex-parte order obtained by the Apapa faction which granted its access to the Labour Party Secretariat in Abuja.

“Let me also use this opportunity to intimate you on the legal tussle under purview. 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 rest 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.

“We are however, relieved that on the next adjourned date of May 12, the court will make a definite ruling on Jurisdiction brought before it which we insist it does not have. We have also taken note of Justice Muazu’s frivolous issuance of ex-parte in the past even when there was no need,” Ifoh said.