The Court of Appeal in Enugu has set aside the decision of the Federal High Court in Abakaliki over the leadership tussle in Ebonyi State chapter of the Labour Party (LP).
In a unanimous decision in appeal No. CA/E/224/2022 between the LP and its officials and Eze Oko, the appellate court, in a verdict delivered by Justices of the Court of Appeal (JCAs): Uzoamaka Ndukwe-Anyanwu, Joseph Olubunmi Oyewole and Joseph Eyo Ekanem, set aside the decision of the lower court.
In the original suit, Eze Oko (the plaintiff), had filed the legal action, challenging his removal as the Chairman Caretaker Committee of LP in Ebonyi State and the appointment of Hon. Jioke Godwin as Chairman to reorganize the party towards the election.
Oko also asked the lower court to restrain the LP and the Independent National Electoral Commission (INEC) from effecting any change in its candidature in Ebonyi State for the governorship election.
Delivering its verdict in the matter on August 3, the Federal High Court granted all the prayers of Oko.
Dissatisfied, the LP approached the Court of Appeal for redress, asking it to set aside the decision of the lower court.
Moving the application before the appellate court , lawyer to the LP, Mr Chijioke Emeka (SAN), argued that the party was denied fair hearing in the manner, saying that the lower court rushed through with the case and hastily entered judgment against all procedural safeguards.
The Senior Advocate further argued that the party has power to control its caretaker leadership without judicial interference.
Emeka also argued that the issue on the governorship candidature of the LP in Ebonyi State was speculative and premature.
But the lawyers to the Respondent, Eze Oko and E. C. Ikeji, argued that the LP was given opportunity for fair hearing which it waived.
Ekeji also argued that although Oko’s tenure as caretaker chairman had lapsed, he claimed that the lower court was right to grant him reliefs relating to his governorship candidature of the LP for the 2023 election.
In its unanimous decision read by Ekanem JCA, the appellate court allowed the appeal and set aside the decision of the lower court in its entirety.
The Court of Appeal also agreed with the LP that it was denied fair hearing in the case and upheld the power of the party to decide on its caretaker leadership. The appellate court also set aside the decision of the lower court, restraining the LP and INEC from substituting its candidate as being speculative and anticipatory and agreed with the party that nothing was placed before the lower court to grant the request.
