•We’re reviewing court ruling – Commission

 

By Chinelo Obogo

Days after the governor of Abia State, Alex Otti led a delegation to the Independent National Electoral Commission (INEC) to submit the Certified True Copy (CTC) of the Supreme Court judgment over leadership of the Labour Party (LP), the commission still has Julius Abure on its website as the national chairman.

 

 

Checks by Daily Sun on INEC’s website on Wednesday, April 16th by 5.29pm showed that Abure is the national chairman (by court order), Farouk Umar the national secretary (by court order), Oluchi Operah the national treasurer, Hadiza Kishimi the national financial secretary and Akingbade Oyelekan the national legal adviser.

A five-member Supreme Court panel had on April 4, unanimously given a judgment that quashed the Abuja Court of Appeal ruling that recognised Abure as the LP’s national chairman.

The apex court held that the Court of Appeal lacked jurisdiction to confirm Abure as chairman of the party because the matter that led to the dispute concerned the party’s leadership, which courts had no jurisdiction.

The court upheld an appeal filed against the judgment by Nenadi Usman, the party’s caretaker chairperson, who was appointed in September 2024. But Abure’s faction and Usman’s camp have interpreted the judgment differently, with each claiming that it favours them.

But the CTC showed that the Supreme Court overturned the rulings from the Federal High Court and the Court of Appeal, which had recognised Abure as the chairman.

The apex court ruled that leadership disputes within a political party were internal issues. The judgment was delivered by a five-member panel, with Justice John Okoro’s lead judgment also dismissed Abure’s cross-appeal, describing it unmeritorious, while accepting the main appeal brought by Senator Usman.

Justice Okoro’s lead judgment, which was read by Justice Mohammed Baba Idris, stated: “Both the trial court and the court below lacked jurisdiction to entertain the 1st respondent’s suit, whose main relief, as observed, was relief number five (5), treated as an appendage.

As a result, the decisions of both the trial court and the court below, which recognised Barrister Julius Abure as the National Chairman of the 1st respondent, are set aside, and Suit No. FHC/ABJ/CS/1271/2024 is struck out for want of jurisdiction.

“In the same vein, the 1st respondent’s cross-appeal in Appeal No. SC/CV/564/2025, stemming from the same judgment of the court below, is hereby dismissed. Before I am done, may I admonish political parties and their members to endeavour to always allow their constitutions, rules, regulations and guidelines to guide them in choosing their officers as well as candidates.

“That way, incessant internal rifts which always find their way to court would be reduced. If the constitution of a political party has prescribed duration for tenure of office of an officer, such officer should be humble enough to at the expiration of the tenure. In the final analysis, I find this appeal to be meritorious and is hereby allowed. Each party shall bear their respective costs. Appeal allowed.”

Reacting to the Supreme Court’s judgment, a lawyer, Abdul Mahmud, said on his X handle that as at March 26, 2024, Abure’s tenure had expired. So, he was in no position to hold the Nnewi Convention, which elected him as national chairman.

Mahmud said: “The three issues submitted for determination are hereby jointly resolved in favour of the Appellants Senator (Esther Nenadi Usman and Darlington Nwokocha)… is hereby struck out for want of jurisdiction”. -Okoro, JSC, Abure v Nenadi.

“The words above form parts of the findings of the Supreme Court excerpted from the CTC of the judgment. They are not my words. Given the above, and to understand the effects of the findings of the Supreme Court, one has to return to the 2024 decision of the Federal High Court (Per Omotosho J) in Erewele v Abure & LP- the judgment Abure had relied on to claim LP chairmanship

“In that case, Erewele who I suspect is a lackey of Abure formulated narrow issues for determination as follows: 1. That there was no legal convention in Nnewi because no congressional elections were held to elect delegates to the convention; 2. That the valid 21 days’ notice required by Section 82 of the Electoral Act wasn’t issued by LP to INEC before the Nnewi Convention.

“On number 1 above, Omotosho J held that no evidence was placed before him showing that congressional elections weren’t held. On 2, the court held that the notice issued by LP informing INEC of its convention in Umuahia (which was rescheduled) was sufficient notice even where it was established that the subsequent Nnewi Convention was held outside the 21 days.

“It is that judgment and the subsequent appeal judgment that the Supreme Court set aside for lack of jurisdiction. In effect, Abure no longer stands on a terra firma to claim LP chairmanship. These are my views for clarity:  1. Now, LP has to return to the status quo ante as at midnight of 26 March, 2024 – the night before the day Nnewi Convention was held. 2. As at 26 March, 2024 Abure’s tenure had expired. So, he was in no position to hold the Nnewi Convention. The fact stated in number 2 above is affirmed by last year’s INEC non-recognition of Abure as LP chairman. With the return to the status quo ante, the caretaker leadership should go ahead and organise congressional elections for a proper convention.”

Daily Sun reached out to INEC and the commission’s spokesperson said its legal department is reviewing the CTC from the Supreme Court and will advise it accordingly.