The Court of Appeal sitting in Abuja has set aside the judgment of the Federal Capital Territory High Court which restrained Julius Abure and three others from parading themselves as national officers of the party.
It was gathered that in a judgement delivered by Justice Hamma Barka, on Wednesday, the Appellate Court held that the high court was wrong to have assumed jurisdiction on the matter.
The Appellate Court also awarded a cost of One million Naira in favour of Abure and against the respondent, Lamidi Apapa.
Recall that in the ruling delivered on April 5, 2023, Justice Hamza Muazu restrained Mr. Abure from parading himself as the National Chairman of the LP.
He also barred Umar Farouk Ibrahim, Oluchi Opara and Clement Ojukwu, from further functioning as National Secretary, National Treasurer and National Organising Secretary of the party, restrictively, pending the determination of a suit before it.
The restraining order followed an ex-parte application that was brought before the court by eight aggrieved members of the party loyal to the Apapa faction.
Meanwhile, the appellate court, today, held that the case of the Plaintiffs was incompetent, noting that since they raised issues that bordered on fraud and criminality, they ought to have commenced the action through a Writ of Summon which would allow the parties to call witnesses and tender relevant evidence before the court.
Justice Hamma said: “Unless an action is initiated by a proper process of law, the action becomes a waste of time despite how competent it may be.
“The aim of an Originating Summon is to speed up the process. But where there are serious issues of fact, it should not begin with an Originating Summon.”
