A High Court of the Federal Capital Territory, FCT, sitting at Maitama, on Wednesday, issued an order, restraining Mr. Julius Abure from parading himself as the National Chairman of the Labour Party, LP.
The court, in a ruling that was delivered by Justice Hamza Muazu, equally 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.
The restraining order followed an ex-parte application that was brought before the court by eight aggrieved members of the party.
Those behind the suit are; Mr. Martins Esikpali John O., Lucky Shaibu, Isah Zekeri, Omogbai Frank, Abokhaiu Aliu, Ayohkaire Lateef, Job Elomah and Dr. Abayomi Arabambi.
LP was cited as the 5th Defendant in the suit marked: CV/2930/2023.
Specifically, the plaintiffs, through their team of lawyers led by Chief James Ogwu Onoja, SAN, are among other things, praying the court to determine; “Whether by the suspension of the 1st Defendant (Abure) by the communique dated 31st December, 2023 by the 1st — 7th Claimants as the Ward Executive Council of Ward 03, Arue, Essan North East Local Government Area of Edo State Chapter of the 5th Defendant pursuant to Article 13(10) (B) (ii) (iii) & (vi) and Article 19(1), B (1) (2) & (5) and 19 2 (A), (B)(2) (3) of the Labour Party Constitution 2009, the 1st Defendant is not meant to step aside as the National Chairman of the 5th Defendant with immediate effect.
“Whether from the prima facie case involving forgery, perjury and criminal conspiracy established against the 1st — 4th Defendants by the office of the Commissioner of Police, Federal Capital Territory dated 9th March, 2023 and the disclaimer by the High Court of the Federal Capital Territory, Abuja dated 8th November, 2022, the 1st — 4th Defendants have the moral and legal standing to continue to function in office as officers of the 5th Defendant and not step aside.
“Whether the indictment by the Police by its report dated 9th March, 2023 establishing a prima facie case of forgery, perjury and conspiracy against the 1st — 4th Defendants as well as the Disclaimer by the High Court of the Federal Capital Territory dated 8th November, 2023, the refusal of the 1st — 4th Defendants to step aside from office pending their prosecution is not capable of destroying the good image and reputation of the 5th Defendant”.
Upon determination of the legal questions, they urged the court to declare that, “the 1st Defendant cannot continue to function in office as the National Chairman of the 5th Defendant as a result of the suspension by the Ward 03 Executive, Arue, Esan North East Local Government Area dated 31st March, 2023.
“A declaration that the 1st — 4th Defendants cannot continue to remain in office as National Chairman, National Secretary, National Treasurer and National Organising Secretary of the 5th Defendant consequent on the prima facie case of forgery, perjury and conspiracy established against them by the Commissioner of Police F.C.T and the High Court of the Federal Capital Territory pending their prosecution in court.
“A declaration that the 1st — 4th Defendants lack the moral and legal standing to continue to function in office as the National Chairman, National Secretary, National Treasurer and National Organising Secretary of the 5th Defendant having been indicted upon established prima facie case by the Commissioner of Police, F.C.T and the High Court of the Federal Capital Territory, Abuja.
“An order directing the 1st Defendant to vacate office as the National Chairman of the 5th Defendants based on the communique issued by the Ward 03 Executive, Arue, Esan North East Local Government Area of the 5th Defendant, Edo State Chapter dated 31 st March, 2023.
“An order directing the 1st , 2nd , 3rd and 4th Defendants to vacate office as the National Chairman, National Secretary, National Treasurer and National Organising Secretary of the 5th Defendant having been indicted upon established prima facie case by the Commissioner of Police, F.C.T and the High Court of the Federal Capital Territory, Abuja.
“An order directing the National Executive Committee and the National Working Committee of the 5th Defendant to appoint interim National Chairman, National Secretary, National Treasurer and National Organising Secretary for the 5th Defendant pending the convention of the 5th Defendant for such purpose”.
As well as, “an order of perpetual injunction restraining the 1st, 2nd, 3rd and 4th Defendants from henceforth parading themselves as the National Chairman, National Secretary, National Treasurer and National Organising Secretary respectively of the 5th Defendant”.
It will be recalled that it was the Abure-led Executives that conducted the primary election that produced Mr. Peter Obi as candidate of the LP for the presidential election that held on February 25.
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