Benue Court Extends Restraining Order on APC, Upholding Agada’s Position as State Chairman

The Benue State High Court in Makurdi has extended an order restraining the National Working Committee (NWC) of the All Progressives Congress (APC) from removing Austin Agada as the party’s chairman in Benue State.

This legal tussle centres on preserving the current leadership structure of the party in the state amid internal conflicts.

Earlier, on 21st August 2024, the court issued an interim injunction that prevented the APC from dissolving the Benue State Working Committee (SWC) of the party.

The case was then adjourned to 28th August 2024 for the hearing of a motion on notice for an interlocutory injunction, a legal procedure intended to maintain the status quo until the matter is fully resolved in court.

At the resumed hearing on Wednesday, counsel for the APC, Yahaya Dangana SAN, who was accompanied by a team of seven lawyers including the Attorney General and Commissioner for Justice and Public Order of Benue State, argued that they were still within the permissible timeframe to respond to the processes filed by M.T. Alyebo, the counsel for Agada and other applicants.

Dangana also served a notice of preliminary objection on Agada’s legal team, asserting that the court proceedings should not advance further until this objection was addressed.

However, Alyebo contended that the filing of a preliminary objection does not obstruct the court’s inherent authority to preserve the subject matter of the case and maintain the status quo.

He urged the court to extend the interim order that was previously granted, arguing that it was essential to safeguard the interests of his clients and prevent any disruptive changes to the leadership structure of the party.

Despite Dangana’s arguments against extending the restraining order, Alyebo’s stance was firm, and he presented a compelling case to the court, which eventually sided with his reasoning. Justice Igoche, presiding over the case, ruled in favour of extending the interim order by another seven days.

This decision effectively blocks the APC’s NWC from taking any further steps to remove Agada from his position as the Benue State chairman of the party during this period.

In his ruling, Justice Igoche also addressed the timing of the order and its service, dismissing claims made by Dangana that the injunction was issued after the dissolution of the SWC.

The judge clarified that the court’s order was made and served in the morning, whereas the purported dissolution occurred later in the evening, thereby affirming that the injunction was timely and validly executed.

This extension of the court order underscores the ongoing power struggle within the APC in Benue State, reflecting deeper issues within the party’s internal governance.

The case has drawn significant attention as it not only affects the leadership dynamics in Benue State but also highlights the broader challenges faced by political parties in managing disputes and ensuring adherence to due process.

The ruling serves as a reminder of the judiciary’s role in arbitrating internal party conflicts and safeguarding legal procedures.

By extending the order, the court has reinforced the principle that actions taken by political parties must conform to established legal frameworks, especially when the rights of individuals holding office are at stake.

For Austin Agada and his supporters, the court’s decision represents a temporary victory that allows him to retain his position as the state chairman of the APC, at least for the immediate future.

It also sets the stage for further legal battles as both sides prepare to argue their cases in greater detail at the upcoming hearings.

The ongoing legal proceedings will likely explore the merits of the preliminary objections raised by the APC’s legal team, as well as the substantive issues surrounding the dissolution attempt by the party’s national body.

As the case unfolds, it will be closely watched by political analysts and party members alike, given its potential implications for party leadership and governance practices within the APC.

In the meantime, the court’s order ensures that the status quo is maintained, preventing any immediate changes that could disrupt the functioning of the party’s leadership in Benue State.

This legal safeguard aims to provide stability and clarity until a final determination is made on the matter.