‘No judgement given by court yet’ – LP, says Abure remains National Chairman

Mainstream Labour Party (LP) has moved to dismiss claims raised by a factional group led by Chief Lamidi Apapa that the Federal Capital Territory (FCT) State High Court ruling of last Friday had affirmed the latter’s control of the crisis-engulfed political party.

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

The court in Abuja has adjourned till Friday, May 12 to consider its earlier ex parte order it granted to the Lamidi Apapa faction, which it exploited to announce itself acting National Chairman.

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.

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

It would be recalled that at the adjournment, Friday, Apapa told journalists 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 in the statement, Saturday.

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 endorsement of the APC president-elect, Tinubu, as it also claims to be against the petition filed by the Labour Party, in preference of an alternative solution to resolving the electoral dispute.

It would also recalled that, Ifoh, while explaining the events leading up to last Friday’s hearing at the Abuja court, during a news briefing in Abuja, said the 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.