COURTROOM NEWS 04/06/2023
Apapa Appeals High Court Judgment, Insists Abure Remains Suspended
The crisis rocking opposition Labour Party (LP) has yet again assumed a fresh dimension as the Lamidi Apapa group Friday secured a court order staying the execution of a Benin High Court of May 26, 2023 in suit HCU/21/2023 in favour of the embattled National Chairman, Mr. Julius Abure, and three others.
The judgment of May 26 had initially granted Abure the right to act as the National Chairman of the party pending when other issues challenging his position in various courts of competent jurisdictions were addressed.
Dr Abayomi Arabambi, the embattled National Publicity Secretary of the party, at a press briefing in Abuja Friday said the Lamidi Apapa-led group had secured three notices in motion appealing against the said judgment.
According to Arabambi, the Apapa-led NWC had filled three notices of appeal at the Court of Appeal Benin City with a stay of execution granted on the judgment delivered on the May 26, 2023 where the court ordered the NWC of LP under Apapa not to act on the suspension made by the ward 3 executives.
He said: “With the stay of execution from the higher court now, the judgment is now in nullity and of no effect. Thus, the suspension of Julius Abure still subsists with the restraining order of the FCT High Court granted on April 5th,” Arabambi said.
Meanwhile, in a motion of notice made available to press, the document read: “An order staying execution of the judgment of this Honourable Court delivered on 26th day of May 2023 in suit no: HCU/21/2023 pending the determination of the appeal already filed.”
According to the court document dated June 2, 2023, in the notice of Appeal, the documents read in part: “That the appellant being dissatisfied with the judgment/decision of the Edo State High Court, Benin Judicial Division sitting at Benin coram: Honourable Justice E.O. Ahamioje (hereinafter referred to as ‘the learned trial judge’), delivered on Friday 26th day of May 2023 in Suit No. HCU/21/2023, between Barr. Julius Abure & 3 others V. Thompson Ehiguese & 2 others, hereby appeal against the decision to the Court of Appeal upon the grounds set forth in Paragraph 3 and shall at the hearing of the appeal seek the reliefs set forth in paragraph 4.”
The appellant also faulted the trial judge in paragraph four of the documents.
It read: “The learned trial judge of the Edo State High Court erred in law when he failed, neglected and/or refused to pronounce upon and resolve all the issues in contention between the parties and thereby denied the appellant fair hearing guaranteed by section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”