Court of Appeal Dismisses Moses Agaba’s Appeal Against APC Chairman Agada

The Court of Appeal sitting in Makurdi, Benue State, on Thursday dismissed the appeal filed by Moses Agaba against Comrade Austin Agada, the Benue State Chairman of the All Progressives Congress (APC).

Agaba had appealed the ruling of the Chief Judge of Benue State, Justice Maurice Ikpambese, which declared the lifespan of an interim injunction against Agada to be abated.

The case began when Justice Lilian Tsumba of Aliade issued an interim injunction restraining Agada from presenting himself as APC Chairman, citing his alleged suspension by the Ihaje Ward 1 Exco.

The case was adjourned to February 12, 2024, for hearing of the Motion for Interlocutory Injunction.

In response, Agada petitioned Justice Tsumba, prompting the Chief Judge to recall the file. On February 12, 2024, Agaba’s counsel abandoned their motion for an injunction and sought a new date to respond to an application by the APC’s State Legal Adviser, M.T. Alyebo, seeking to set aside the interim injunction.

It was pointed out that under Order 39 of the Rules of Court, the lifespan of the interim injunction was limited to seven days, and as of February 12, the injunction had expired. Justice Ikpambese ruled that the injunction had lapsed and nullified all appointments made based on it.

He also criticized the lawyer for filing the case in Aliade rather than Makurdi, and reprimanded Justice Tsumba for assuming jurisdiction without proper assignment.

Dissatisfied with the ruling, Agaba appealed to the Court of Appeal.

On Thursday, during the hearing of the appeal, S.D. Swem and others represented the appellant, while M.T. Alyebo appeared for the respondent.

In its judgment, the Court of Appeal upheld the ruling of the Chief Judge, stating that the appellant failed to address the central issue—the lifespan of the interim injunction granted by Justice Tsumba.

The court ruled that the appeal lacked substance and merit, dismissing it accordingly.