The Court of Appeal sitting in Abuja on Wednesday, reversed the decision of the FCT High Court, which dismissed the objection raised by Barr Julius Abure challenging the restraining order on him acting as chairman of the Labour Party (LP).
It will be recalled that Justice Hamza Muazu of the FCT High Court, Abuja on May 13, 2023, dismissed the preliminary objection by Abure after a rulling on an ex-parte application which restrained him and three others; Farouk Ibrahim, Clement Ojukwu, and Oluchi Opara, from acting as national executives of the party.
The suit marked CV/2930/2023 was instituted by Martins Esikpali John, Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, John Elomah and Ayobami Arabambi.
The plaintiffs told the court that the defendants forged several documents of the court to carry out unlawful substitutions in the last elections.
Abure through his lawyer, Alex Ejesieme, filed a preliminary objection against the suit, saying that an allegation of forgery against his clients cannot be brought before the court by way of an originating summon.
Ejesieme alleged that the plaintiffs are not members of the LP and therefore, lack the locus standi to institute the suit, adding that the matter borders on the internal issues of the party which the court cannot interfere with.
Justice Muazu held that the court has jurisdiction to hear the matter even though it relates to the party’s internal affairs, as there would have no need to interfere, had the party been at peace.
He added that the plaintiffs were right to have instituted the case by originating summons and subsequently restrained Abure and his executives from acting as National officers of the party.
