Emameh Gabriel in Abuja
Embattled National Chairman of Labour Party, Julius Abure, has approached the Supreme Court to set aside the concurrent judgments of the Court of Appeal and High Court, both in Benin, Edo State, which ordered his removal as national chairman of the Labour Party
This was as he faulted the Lower Court for categorising issues of leadership of political parties as particular being a pre-election matter as against the provisions of Section 254 (14) of the 4th Alteration of the 1999 Constitution” No. 21 Act of 2017
The appeal court sitting in Benin in a judgment delivered by Justice Theresa Ngolika Orji on July 10 maintained that the ruling of the lower court on the suspension of Abure by members of his ward was valid.
A ward in the Edo State chapter of the Labour Party (LP) had on March this year suspended Abure over alleged anti-party activities.
But the embattled national chairman had since approached various courts for his reinstatement, the last of which was the Court of Appeal in Benin, which maintained the status quo.
However, dissatisfied, Abure in an appeal dated July 14 by his lawyer, and exclusively obtained by THISDAY, faulted the appellant court on six grounds.
While he described the ruling as miscarriage of justice, he said the lower court justices erred in law when they proceeded to hear the appeal as a pre-election matter without a letter of authority from the president of Court of Appeal as provided for in the Court of Appeal Practice Direction on Pre-Election and Political Parties Leadership Matters 2021.
He said, “The lower court would have the ample time to hear the motion dated 7th July, which has been hurriedly excluded.”
In another ground, Abure maintained that “the Lower Court Justices erred in law, when they granted the motion of the 1st respondent dated 15th June 2023,seeking accelerated hearing by departure from the rules of the Lower Court without considering the facts in the counter affidavit filed opposing the application.
He said, Order 8 Rule 6 (1) of the Court of Appeal Rules 2021 provides that, “Where a Notice of Appeal has been filed, the Respondent may apply for a departure from the Rules to compile and transmit the records of appeal to allow for an accelerated hearing and determination of the appeal. The Lower Court failed to consider the convenience of the parties in its ruling.”
Abure, who faulted the lower court justices, said they erred for declining to hear the motion dated 7 July 2023 challenging the jurisdiction of the court but proceeded to adjourn the motion and consolidated same with the brief of argument ordered to be filed in five days, thereby leading to breach of right to fair hearing of the appellant Particulars the, jurisdiction of the Lower”
He maintained that the lower court justices erred in law when they granted an order deeming the records of appeal self-compiled by the 1st Respondent as properly compiled and transmitted leading to miscarriage of justice.
For instance, he claimed that, the “judgement of the Lower Court was delivered on 26h day of May 2023. The Notice of Appeal was filed by the Respondent on 9h June 2023.
He, therefore, expressed disappointment that by Order and Rule 1 of the Court of Appeal Rules 2021, the lower court mandated the Appellant (now the 1stRespondent) to compile and transmit record of appeal within 60 days after the filling of the Notice of Appeal but the record was transmitted by the 1stRespondent on 17th day of June 2023 when the time for the registrar to transmit the record of appeal has not expired.
