Nigeria: Court Orders INEC to Recognise Abure-Led Labour Party, Extend Party Dues to It

9 October 2024

A Federal High Court in Abuja, yesterday, ordered the Independent National Electoral Commission (INEC) to accord the Labour Party (LP) under the leadership of Julius Abure all the rights and privileges of a political party duly registered in Nigeria.

Justice Emeka Nwite issued the order while delivering ruling in a suit filed by LP against INEC.

Reacting to the news yesterday, Abure described the court pronouncement as victory for justice and democracy.

But the presidential candidate of the party in the 2023 general election, Peter Obi, and the governor of Abia State, Allex Otti, as well as the caretaker committee headed by Senator Nenadi Usman, agreed to appeal the court judgement.

The plaintiff in the suit, marked: FHC/ABJ/ CS/1271/2024, had challenged the failure of INEC to issue them the Notice of the Refresher Training for Upload of Political Party Agents unto INEC's Portal for Ondo State Governorship Election Scheduled to hold on November 16, 2024.

Specifically, the plaintiff had asked the court to determine, "Whether by the combined interpretation of Sections 251(1)(r), 285(14)(c) of the Constitution and Section 43 of the Electoral Act, 2022, the Plaintiff is entitled to be issued the Notice of the Refresher Training for Upload of Political Party Agents unto the Independent National Electoral Commission (INEC) Portal for Ondo State Governorship Election Scheduled to hold on November 16, 2024 by the Defendant."

Among reliefs sought were a declaration that the failure of INEC to issue LP with the said notice was unlawful and contravened Section 43(1) of the Electoral Act, 2022 and Clause 9(a), (b), (c) of the Regulations and Guidelines for the Conduct of Elections, 2022.

The plaintiff added that in the event the questions raised for determination were answered in plaintiff's favour, the defendant ought to perform its lawful duty by conducting a Refresher Training for the Upload of the Labour Party's Agents unto INEC's Portal and to issue the plaintiff the Access Code required to access the defendant's portal for the Ondo guber election.

The plaintiff sought, "An order compelling the defendant to accord the plaintiff's political party under the leadership of Barr. Julius Abure, all the rights and privileges accorded a political party duly registered in Nigeria," as well as a cost of N5 million.

In the affidavit filed in support of the suit, the plaintiff informed the court that following the death of Alhaji Abdulkadir Abdulsalam, Abure was lawfully elected as the Acting National Chairman at a National Executive Committee (NEC) meeting of the plaintiff held in Benin City, Edo State, on March 29, 2021 in line with the constitution of the plaintiff.

Abure, who personally deposed to the affidavit, stated that at the NEC meeting of April 18, 2023, it was determined that the plaintiff remained focused on achieving the political party's goals and to that end, it was resolved that a national convention of the plaintiff be conducted.

He said, "In line with the plaintiff's 2019 constitution and extant electoral laws, the plaintiff's national convention was convened on March 27, 2024 at Nnewi, Anambra State and I was lawfully and duly elected to the office of the national chairman at the said national convention of the plaintiff."

Delivering judgement, Nwite held that "the plaintiff has proved his case" and subsequently granted all the reliefs sought, except the prayer for cost.

The judge said, "I hereby make an order compelling the defendant to accord the plaintiff's political party under the leadership of Barrister Julius Abure all the rights and privileges accorded a political party duly registered in Nigeria."

Abure: Our Victory for Justice, Democracy

The embattled national chairman of LP, Julius Abure, while celebrating the judgement, described it as victory for justice and democracy.

Abure, in a statement, said, "It is with immense gratitude and a heart full of forgiveness that I issue this statement following our significant victory at the Federal High Court in Abuja.

"The court, presided over by Justice Emeka Nwite, has reaffirmed our leadership by upholding the outcome of the Labour Party convention held in Nnewi, Anambra State, and consequently compelled INEC to give due recognition to the leadership of Barr. Julius Abure.

"This victory is not just mine, but a victory for justice and democracy. It confirms that the rule of law prevails and that our party's leadership remains legitimate. For this, I must first and foremost thank Almighty God for guiding us through this challenging period.

"I would like to extend my heartfelt appreciation to the judiciary, particularly Justice Emeka Nwite, for his courage and integrity in delivering a judgement that upheld justice and resisted external pressures. His well-articulated judgement has restored our faith in the judiciary and given us hope for democracy in Nigeria.

"I must also appreciate Justice Omotosho of the Federal High Court, who had earlier validated the Labour Party's convention held in Nnewi. His judgement became the foundation for other rulings, reflecting the strength and fairness of our judicial system.

"Additionally, Justice C. K. Nwankwo of the Abia High Court also deserves recognition for resisting pressure and avoiding granting a kangaroo interim and interlocutory orders against me and the party.

"Some individuals, whose names I choose not to mention, attempted to secure these orders, but failed. These judges have set an admirable precedent for upholding justice in the face of adversity and huge inducement

"They sought to restrain us, as National Executive Committee members of the party, from even speaking to the press. Thankfully, the courts technically avoided granting such orders and justice prevailed."

Abure added, "Now that the court has spoken, I offer my forgiveness to those who attempted to undermine our party, engaged in character assassination and blackmail especially of my person.

"It is my sincere hope that those involved in these actions will reflect on their mistakes, come forward with a repentant heart, and reconcile themselves with the party. In doing so, they should also consider restitution for the damages they have caused us.

"Only then can we truly move forward, heal our party, and work for the common good of Nigeria. Be that as it may, I call on Peter Obi, the former presidential candidate of our party to help unite the party."

Obi, Otti, CTC Resolve to Appeal

The presidential candidate of LP in the 2023 general election, Peter Obi; the governor of Abia State, Allex Otti; and the caretaker committee headed by Senator Nenadi Usman resolved to appeal the judgement.

A three-paragraph statement by Usman said, "This evening, I met with His Excellency, Mr. Peter Obi, His Excellency, Governor Alex Otti, and Senator Darlington Nwokocha (Secretary, LP Caretaker Committee). We deliberated on the judgement passed today.

"The case actually preceded the formation of the caretaker committee. However, after being briefed, the caretaker committee decided to join the case.

"Consequently, we have resolved to appeal the judgement accordingly. I, therefore, call on all party members to remain calm and maintain peace as we continue our reconciliation efforts."

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