Justice Hamza Muazu of the High Court in Abuja held on
Friday that the court has jurisdiction to entertain suits filed by some members
of the Labour Party (LP).
The suit is seeking the removal of the party’s chairman,
national organising secretary, and national treasurer, respectively, Julius
Abure, Clement Ojukwu, and Oluchi Opara, NAN reports.
Justice Muazu held that it is no longer the law that the
court cannot adjudicate in political parties’ matters.
The judge further held that if the party had been at peace
with itself, there would not be any need for the court to interfere in its
affairs.
“When there is no crack on the wall, there will not be a
need for an outsider to come to mend it,” he said.
Muazu further held that the plaintiffs’ case is justiciable,
contrary to the submission of the counsel for Abure and Farouk, Alex Ejesieme,
SAN.
He added that the plaintiffs were equally right to have
instituted the case through originating summons.
On the issue of plaintiffs’ locus standi to bring the matter
before the court, the judge held that being members of the LP, they have the
locus standi to institute the case.
Following the April 5 ex-parte injunction by Justice Muazu
stopping Abure, Farouk and two other national officials, Ejesieme argued on
April 20 that the court lacked jurisdiction to entertain the matter.
The senior advocate submitted that the matter before the
court bordered on the internal affairs of the Labour Party.
He said: “Our contention is very clear that those criminal
allegations cannot be ventilated in an origination summon. The issue of locus
standi is there. When you referred to LP’s constitution, the claimants are not
members of NEC or the party. They have a duty to present their membership cards
to the court, which they didn’t.”
Counsel for the plaintiffs, George Ibrahim, urged the court
to dismiss the preliminary objection raised by counsel for the defendants.
According to him, the first to fourth defendants had yet to
obey the April 5 order of the court as they were still parading themselves as
national officers of the LP.
With the ruling of the court, on having jurisdiction to hear
the case, its order of April 5 subsists.
The judge adjourned until May 19 to hear the substantive
case.
The eight plaintiffs in the case are Martins Esikpali John,
Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John
Elomah and Dr Ayobami Arabambi.
The plaintiffs, in an ex-parte motion, marked M/7082/2023,
sought the removal of Abure and the three other national officers of the party.
They informed the court, through their counsel, Ogwu Onoja,
SAN, that Abure and the three other national officials allegedly forged several
documents of the FCT High Court, including receipts, seal and affidavits, to
carry out unlawful substitutions in the last general election.
Onoja argued that following their indictment by a police
investigation, the four people are to be arraigned in court, adding that
warrants for their arrest have already been obtained.
Reacting to the court’s ruling in an interview with
journalists, the acting National Chairman of the Labour Party, Alhaji Bashir
Apapa, said that justice had taken its natural course, saying that the judge
acted in line with true justice.
According to him: “With this ruling, there is no doubt that
I am in charge. As of today, I am the acting National Chairman of Labour Party.
Apapa, subsequently, directed all the party’s lawyers
handling its election petition before the presidential election petition court
to come and brief him within 48 hours on the processes so far.
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