Labour Party factions clash in court over suit against Imo guber candidate

Justice Inyang Ekwo adjourned the hearing until January 11 after Kehinde Edun, who announced the appearance for LP (first plaintiff), told the court that he was in court to file a discontinuance notice.

Upon resumed hearing, Mr Edun, who also announced himself as the national legal adviser of LP, said, “On behalf of the first plaintiff, we want to inform the court that the first plaintiff was joined without authorisation.

“I am here to file a notice of discontinuance. We have no case against the defendant (Independent National Electoral Commission).”Taken aback by Mr Edun’s submission, Anderson Asemota, who had been appearing for all the plaintiffs, including the first plaintiff (LP), said the matter was slated for hearing.

He said he was served with a notice of joinder by Imo governorship candidate, Mr Achonu, through his lawyer, Okwudili Anozie, who had earlier announced his appearance as a party seeking to be joined.

“The national legal adviser said the suit was filed without authorisation,” the judge told Mr. Asemota.

But Mr. Asemota said Mr. Edun was not the party’s national legal adviser.

The lawyer, who said the national legal adviser had just stepped out, said the national youth leader was in court, pointing to a litigant who stood up for recognition.

Mr Asemota stated that the LP, whom he represented in court, had not briefed him about discontinuing the suit. Besides, he said he had not been served with the notice Mr Edun planned to file.

He argued that as a procedure, Mr Edun had to be in the matter first by applying to be joined before he would notify him of his plan to file a notice of discontinuance.

The judge asked Mr Edun if he had served Mr Asemota with the application.

“I will serve them now,” Mr Edun responded.

Justice Ekwo consequently adjourned the matter until January 11 to hear the notice of discontinuance.

While Mr Asemota represented the Lamidi Apapa faction, Mr Edun appeared for the Julius Abure-led faction of LP.

Meanwhile, shortly after the court adjourned the matter, some members loyal to Mr Apapa appeared, challenging Mr Edun’s move to discontinue their suit.

The development resulted in shouting, prompting the officers of the KingsGuard and some staff members of the court to intervene.

The plaintiffs in the suit marked FHC/ABJ/CS/1357/2023 include LP,  Mr Apapa (acting national chairman), Lawal Saleh (acting national secretary), and Abayomi Arabambi (national publicity secretary).

Others are Anslem Eragbe (national youth leader), Akingbade Oyelekan (national legal adviser) and Joseph Ikechukwu Ukaegbu (gubernatorial candidate, Imo State) as first to seventh plaintiffs, respectively.

The plaintiffs, in their motion ex-parte, sued INEC as the sole defendant.

They had sought an order of interim injunction restraining INEC from “recognising any other person or persons laying claim to the LP gubernatorial ticket in Imo governorship election slated for 11th November 2023 other than the seventh plaintiff (Ukaegbu), who emerged from the primary conducted by the Lamidi Apapa-led National Working Committee (NWC) of LP on April 16.”

They also sought an order of mandatory injunction directing or compelling INEC to recognise, upload and publish Mr. Ukaegbu’s name as LP governorship candidate in Imo, pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.

Also, an order of mandatory injunction directing INEC to upload Messrs Apapa and Saleh’s names as the acting national chairman and acting national secretary, including other Apapa-led NWC members, pending the hearing and determination of the motion on notice filed contemporaneously with this ex-parte application.

But Justice Ekwo declined to grant the motion, directing them to notify INEC to explain why the court should not grant the application.

In its response, INEC prayed the court to dismiss Mr Apapa’s motion seeking to replace the party’s governorship candidate in Imo (NAN)