The supreme court has set aside the judgment of the court of appeal in Abuja which recognised Julius Abure as the national chairman of the Labour Party (LP).
In a verdict delivered on Friday, a five-member panel of the apex court unanimously held that the appellate court lacked the jurisdiction to have affirmed Abure as chairman of the LP, since the substance of the case was about the party’s leadership.
It held that the issue of leadership is an internal affair of a party over which courts lack jurisdiction.
The court allowed the appeal filed by Nenadi Usman, a former senator representing Kaduna south, and one other — and held that there were meritorious.
It then proceeded to dismiss the cross-appeal filed by the Abure faction of the LP for lacking in merit.
BACKGROUND
In February, Oluchi Oparah, the party’s national treasurer, accused Abure of misappropriating N3.5 billion, a claim the LP chairman denied while threatening legal action.
The allegation led to calls from party members for Abure’s removal.
In April 2023, the FCT high court issued an order restraining Abure from parading himself as the national chairman of the LP.
Ruling on an ex parte application, Hamza Muazu, the presiding judge, also restrained Farouk Ibrahim, national secretary; Clement Ojukwu, national organising secretary; and Opara; from parading themselves as national officers of the party.
On September 4, Usman was appointed to chair a 29-member caretaker committee after Alex Otti, governor of Abia state, convened a stakeholders meeting of the party in Umuahia.
Peter Obi, LP presidential candidate in 2023, and Datti Baba-Ahmed, his running mate, were among the top party members who attended the meeting.
INEC had also invalidated Abure’s leadership, saying the national convention violated the constitution and Electoral Act.
The electoral body said the party failed to meet legal requirements for holding the convention, insisting that Abure’s tenure as LP national chair expired in June 2024.
But in a judgment on October 8, the federal high court affirmed the Abure-led leadership and the March 2024 Nnewi convention that produced the party executives.
Emeka Nwite, presiding judge, ordered INEC to recognise Abure as the legitimate chairman of the party.
APPEAL COURT
In a judgment delivered on January 17, the court of appeal ruled that its earlier decision in November 2024, recognising Abure as the party’s chairman, remains valid and has not been overturned by any court.
Hamma Barka, who read the lead judgment, held that the appellate court did not consider the two separate appeals filed by the appellants since they bordered on party leadership which the court lacked jurisdiction to adjudicate on.
He said anything that is done outside jurisdiction amounts to a nullity.
Consequently, the court voided a judgment of the federal high court delivered on October 8, 2024, on the grounds that the lower court lacked the jurisdiction to hear the suit.
“We cannot say this appeal fails or succeeds because the lower court lacked jurisdiction to entertain the suit in the first place,” Barka held
