- He remains suspended, says Arabambi
Embattled National Chairman of the Labour Party, Julius Abure, has been reinstated back into office by the order of an Edo State High Court. The Court sitting in Benin-City on Friday dismissed the notice of suspension issued against Abure by some party members at the ward level. The judge, Justice Emmanuel Aihamoje threw out the case, saying it lacks merit.
Acting National Publicity Secretary of the party, Obiora Ifoh, revealed his in a statement issued in Abuja on Friday. He also confirmed that the action was filed by Abure and the executives of LP Ward 3 in Esan North East of Edo State.
Delivering the judgement that lasted for nearly two hours, Justice Aihamoje said under the Labour Party constitution, particularly Act 13 & 17 and the Electoral Act 2022, as amended the executives of the party in Uromi ward 3, lacked the power to remove the national chairman of the party.
As part of his ruling on Suit No: HUC/21/2023, the judge also impose a perpetual injunction against Lamidi Apapa and his faction from removing or suspending Abure as the national chairman until a new national convention of the party is convened.
Edo State Labour Party Chairman, Kelly Ogbaloi, affirmed that Labour party has been vindicated. He that the court has confirmed Apapa and his faction are ‘tragic power seekers.’
“Apapa, who before then was a deputy national chairman and a custodian of the constitution of the party, knew that the act of those who came to Abuja to announce the suspension of the national chairman was not doing so legally, since the action was an aberration to the provisions of the party’s constitution, instead, he ran to the court, seeking ex-parte motion to restrain the national chairman.
“Today they have been basically told that the charade can no longer be entertained by the court”, he said.
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But Apapa and his faction said Abure remained suspended from the party. National Publicity Secretary of the breakaway faction, Abayomi Arabambi said this during a press conference. He said the judgment of the Edo court was an exercise in futility as the party, during its National Executive Council meeting in Bauchi, had already suspended Abure and other officials of the party.
Besides, Arabambi argued that Abure was yet to vacate an order of the FCT High Court which restrained him and three others from parading themselves as officials of the party.
“The implication of the suspension of Abure by NEC in Bauchi makes today’s judgment a mere academic exercise as NEC, which is the highest organ of the party, had already suspended Abure and his cohorts. Simply put, by virtue of the restraining Order of the FCT High court which is yet to be vacated or set aside, Abure still remains restrained. Also, by virtue of the NEC suspension of Abure, pursuant to its power under Article 13(2)(b)(Iv) of the Labour Party Constitution in Bauchi, Abure remains suspended.
“The whole world is aware that Mr Allex Ijetieme SAN on friday May 12th 2023 filled an appeal against the decision of the FCT High Court which ordered the suspension and restraining of Julius Abure and three others from parading themselves as national officers pending the determination of the originating summon and motion on notice. Question begging for an answer is when a matter is before a Court of Appeal, can any junior court sit or adjudicate on such a matter again until the Court of Appeal Court decides otherwise? The answer is negative.
“Therefore, the Edo State High Court judgement is an exercise in futility, null and void as the subject matter is already a subject of appeal before the Court of Appeal Abuja. Labour Party wishes to advise Mr. Allex Ijetieme SAN to tread the path of caution with this judicial rascality else we shall petition the Legal Practitioner Disciplinary Committee of the NBA so that punitive measures can be taken against him for spreading deliberate falsehood against the judiciary. Finally while the matter is pending at the Court of Appeal Abuja , the restraining order against Abure, Farouk Umar, Clement Ojukwu and Mrs Oluchi Opara is still subsisting until when it’s set aside by the Court of Appeal.
“Therefore the Edo State High Court lacked the jurisdiction to make judgement for Court of Appeal since the plaintiff before the Honourable Justice of Edo State High Court is the same Abure who has appealed the FCT high court that restrained him on April 5th, then what happens today in Benin is not only a judicial rascality but an insult on the constitution of the Federal Republic of Nigeria.”