Court of Appeal Hears Appeal on Benue APC Chairmanship Dispute and LG Chairmen Case

The Court of Appeal, Makurdi Division, has heard an appeal filed by Hon. Moses Agaba challenging a Benue State High Court decision that set aside an interim order restraining Comrade Austin Agada from acting as the Benue State Chairman of the All Progressives Congress (APC).

Hon. Agaba’s appeal contests the ruling of Chief Judge M.A. Ikpambese, who retrieved the case file from another High Court judge and subsequently lifted the interim order issued by the High Court in Aliade Division, which had barred Agada from presenting himself as APC Benue State Chairman.

Agaba’s counsel, Matthew Burkaa, SAN, argued that the Chief Judge’s actions amounted to presiding over a decision by a judge of equal standing.

He contended that this was procedurally incorrect and that the Chief Judge should not have vacated the interim order from another judge.

In response, Agada’s counsel, Yakubu Philemon, SAN, argued that the lower court was justified in setting aside the interim order.

He noted that the order, intended to last only seven days, had expired on February 12, 2024, and there was no subsequent application to extend it.

In a related case, the Court of Appeal also heard an appeal challenging a National Industrial Court of Nigeria (NICN) ruling from June 15, 2023.

The NICN decision dismissed arguments from the appellants, who questioned its jurisdiction over a suit filed by 23 former Local Government Council Chairmen in Benue State, all elected under the People’s Democratic Party (PDP).

The appellants’ counsel, S.A. Akpehe, Esq., argued that the NICN lacked jurisdiction because the case did not pertain to industrial matters, which fall under its scope.

After hearing arguments in both appeals, the Court of Appeal reserved judgment, with the decision date to be communicated to all parties involved.