Appeal Court Reserves Verdict For Benue State APC suit 

By Stephen Asaba-ase

The Makurdi Court of Appeal has gave audience to the appeal brought by Hon. Moses Agaba against the judgement of High Court to set aside the temporary order restraining Comr. Austin Agada as APC Chairman Benue State

However, Hon.Agaba is challenging the ruling of Benue State Chief judge, Justice M. A. Ikpambese for setting aside the interim restraining order issued by the Benue State High Court against Agada from possing himself as Benue State APC Chairman

Arguing the Appeal, Moses Agaba’s Counsel, Matthew Burkaa, SAN, adopted his brief of argument and submitted that the Chief Judge of the lower court was wrong to have retrieved the case file from another judge of the High Court and set aside the interim order issued by the other judge.

He also argued that doing so is tatanmount to a Chief Judge sitting on a coordinate jurisdiction.

Responding, Counsel to Austin Agada, Yakubu Philemon, SAN, adopted his brief and argued that the lower Court was right in setting aside the temporary injunction because the order, which was meant to last for only 7 days, had elapsed on 12th February, 2024, and there was no application to breathe life into it again when it was set aside.

In another development, the Court of Appeal has also gave audience to the appeal ruling challenging the judgment of the National Industrial Court of Nigeria, (NICN), Makurdi Division, delivered on the 15th of June 2023 wherein the Court denied the processes filed by the Counsel to the Appellants challenging jurisdiction of the Court to hear the suit filed by the 23 former Local Government Council Chairmen in Benue State, who were elected under PDP platform.

“Counsel to the Appellants, S. A. Akpehe, Esq, maintained that the lower court had no jurisdiction to entertain the suit of the 23 former LG Chairmen reason been that, the subject matter was not an industrial issue.

The court, having heard the arguments of Counsel, reserved judgment in the appeals to a date to be communicated to the parties.