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The Abuja Division of the Court of Appeal on Friday reaffirmed Julius Abure as the national chairman of the Labour Party (LP).
In a judgment delivered by Justice Hamma Barka, the three-member panel relied on its verdict earlier on November 13, 2024, to make the declaration.
The panel made the decision in two separate appeals.
While Esther Nenadi Usman and others were the appellants in the first appeal marked CA/ABJ/CA/1217//2024, the Labour Party and others were respondents.
In the second appeal marked CA/ABJ/CV/1232/2024, the Independent National Electoral Commission (INEC) was the appellant, while LP was the respondent.
The Appeal Court had, on November 13, 2024, in the earlier judgment in appeal number: CA/Abj/CV/1172/2024 between Labour Party (appellant) against Olusola Nehemiah Ebiseni and INEC (respondents), held that Mr Abure remained LP national chair.
Justice Barka, therefore, held that the two appeals decided on Friday could not determine the leadership of the LP, having already been determined by the appellate court.
He said the appeals emanated from an incompetent suit and the trial court, presided over by Justice Emeka Nwite of the Abuja Federal High Court, lacked jurisdiction to have determined the leadership of the party on October 8, 2024, ordering INEC to, among others, recognise and deal with the Abure-led leadership.
In the first appeal, the judge held that in view of the fact that the leadership of a political party is not justiciable, the court had no jurisdiction to determine whether or not the leadership of a party is well constituted.
He held that the issue of leadership is an internal affair of the political party, which the trial court could not determine in that case.
Justice Barka held that since the lower court lacked the jurisdiction to hear the case, all it did without jurisdiction, including its judgment, amounted to a nullity.
He then set aside the judgment by Justice Nwite and struck out the suit marked: FHC/ABJ/CS/1271/2024 for want of jurisdiction.
The judge, who said both appeals were against the same October 8, 2024, judgment by Justice Nwite, applied the judgment in the first appeal to the second one filed by INEC.
Barka clarified that the leadership of the LP remained as it was decided in the November 13, 2024, judgment “of this court, which I had the privilege of delivering on November 13, 2024, that Barrister Abure was adjudged as the National Chairman of the first respondent (LP). That judgment still stands.”
The judge directed parties and the general public to respect the judgement of the Court of Appeal, which earlier affirmed Abure as the national chairman of the LP.
(NAN)
