Justice Hamza Muazu’s ruling Friday has strengthened the hands of Bashir Apapa as the acting chairman of the troubled Labour Party and may endanger the presidential ambition of Peter Obi.
The ruling which subsists till 19th May puts in jeopardy, the election petition of the party’s presidential candidate, Peter Obi.
It would be recalled that Apapa as acting chairman had written to the Presidential Election Petition Court that the party was withdrawing its case against the All Progressives Congress, APC, Asiwaju Bola Ahmed Tinubu’s victory in the 2023 February Presidential elections.
There are fears that with his new-found legitimacy he may yet pursue that line and thus remove Mr Obi’s only chance of pursuing his dream to become president.
Following the court ruling on the case filed by some members of the Labour Party (LP), challenging the jurisdiction of the court Apapa has now declared he is now in charge of the party.
He has immediately directed all the party’s lawyers handling its election petition before the presidential election petition court, to within 48 hours brief him on the processes so far.
According to Apapa, “with this ruling, there is no doubt that I am in charge. As of today, I am the acting National Chairman of Labour Party”.
Justice Muazu ruled that he would be entertaining the suit seeking the removal of the chairman of the party, Julius Abure, the National Organising Secretary, Mr Clement Ojukwu and National Treasurer Oluchi Opara.
Justice Muazu held that it was no longer the law that the court cannot adjudicate in political parties’ matter.
The judge further held that if the party had been at peace with itself, there would not have been any need for the court to interfere in its affairs.
“When there is no crack on the wall, there will not be need for an outsider to come 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 locus standi of the plaintiffs 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 made by Justice Muazu, stopping Abure, the National Secretary of the party, Alhaji Umar Farouk and two other national officials, their counsel had on April 20 argued that the court lacked jurisdiction to entertain the matter.
The senior advocate had submitted that the matter before the court bordered on the internal affairs of the Labour Party, adding that criminal allegations made by the plaintiffs in the case, could not be ventilated in an origination summon.
He added that the eight plaintiffs that brought the case before the court were not members of the National Executive Council of the party and as such lacked the locus standi to institute the case.
“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,” the counsel argued.
While objecting to the preliminary objection raised by the counsel for Abure and Farouk, counsel for the plaintiffs, Mr George Ibrahim, urged the court to dismiss same.
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,.
They had 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 police investigation, the four people are to be arraigned in court, adding that warrants for their arrest have already been obtained.
