By Chimezie Godfrey
The Labour Party has said National Executive Council (NEC) meeting holding on Wednesday in Bauchi state is fake and unlawful.
In a statement signed by its Acting National Publicity Secretary, Obiora Ifoh, the party expressed surprise that the said NEC meeting is coming barely two weeks after the party held its very successful NEC meeting in Asaba, Delta state.
The statement reads in part:”In furtherance of the directives from their paymasters, about six of our former but suspended members of the National Working Committee of our party, The Labour Party are meeting in Bauchi for a fake and unlawful National Executive Council (NEC).
“Surprisingly, this is coming barely two weeks after the party held its very successful NEC meeting in Asaba, Delta state that was attended by virtually all NEC members including 36 state chairmen and Secretaries, all members of the National Working Committee, most of the elected members of the national assembly, leader and presidential candidate of the party, Mr. Peter Obi, party trustees including the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) amongst others.
“One of the invitees of the purpoted NEC is our leader and presidential candidate, Peter Obi who incidentally on Monday was on a national television where he referred these characters as paid agents and hirelings. He also made it clear that he had never met with Apapa and that there were no issues in the party and that the reported crisis is just the “rascality” by paid agents bent on derailing the party to pursue justice. He said, “In the Labour Party, we have no issue. Bar Julius Abure is our chairman and those things you’re seeing are just the handiwork of paid agents who are trying to create confusion.”
“They also invited the state chairmen of our party to their meeting. Gentlemen of the Press, seated here in this hall are all the state chairmen of our party across all the 36 states and FCT. Only last night, all our 36 member-elect of the House of Representatives and our 8 Senator-elect were represented in a caucus meeting held with the National Working Committee. Then again, I ask, who are these NEC members they are hoping to attend their jamboree in Bauchi?
“Article 13:2A of our party constitution is clear on the composition of the Labour Party NEC. They include our state Chairmen and Secretaries, and all other officers as have been mentioned above. The constitution did not state that expelled and suspended officers of the party shall convene a NEC of the party. In their desperation to satisfy their paymasters who we have already established to be two governors; one from South West and another from South East, while also using a top member of the APC National Working Committee who go in between them, this transactional arrangement will see them recruiting their usual customers; touts, market women, street hawkers.and people who are not members of the party.
“We also have it on a reliable source that they will attempt to have a blanket suspension of all our elected members of our NWC, a power that is alien and unheard of. They have also been dangling carrots to some of our leaders to either join them or be suspended.”
The Labour Party described the situation as unfortunate, adding that were it not for the ex-parte order of the FCT High Court mischievously granted and sustained by Justice Hamza Muazu, the matter would have died a natural death.
“This is unfortunate because, were it not for the ex-parte order of the FCT High Court mischievously granted and sustained by Justice Hamza Muazu which dangerously exposed the res, that is the party, to danger instead of protecting it, these matter would have died a natural death. We have it on good authority that their sponsors are leaving nothing to chance and have vowed to continue to instigate crisis in Labour Party with the intention of benefiting from the instability which they hope will affect the party’s case at the tribunal.
“Let me also use this opportunity to intimate you on the legal tussle under purview. On the 5th of April, 2023, an Edo State High Court restrained the Labour Party Executive of Ward 3, Arue Uromi, Edo state from suspending Barrister Julius Abure as the National Chairman of Labour Party. In the case filed before His Lordship, Justice E.O Ahamioje, with case NO. HCU/21/2023, Julius Abure on behalf of other claimants filed the Motion ex-parte against the defendants including Thompson Ehiguese who is the Ward 3 Chairman, Lucky Shaibu and Labour Party.
“The enrolment orders include but not limited to an order of interim injunction restraining the party or officers of the party from suspending or expelling Abure, pending the determination of the motion on
notice. On this, Justice Ahamioje after consideration of the claims granted interim injunction restraining the defendants from suspending Abure.
“Same day, an Abuja High Court presided over by Justice Muazu also issued an ex-parte order restraining Abure and three others from parading themselves as national officers of the party. Armed with the order, Apapa and his dissident group, like uncaged lions, without the approval of the NEC of the party, procured the services of thugs, Police and DSS and marched to the national headquarters of the party, massively attacked the property, pulled down the fences, burglaries, doors and window to have access to our Secretariat and in the process sacked workers and party members who were at the Secretariat. They took away files, computers, financial document amongst others including going as low as packing bottles of wines and other gift items found in the offices. In fact, they striped the office bare,” it stated.
The Party added,”For emphasis, the Edo State High court and the FCT High court are courts of equal and coordinate jurisdiction. It amazes one to note that while they are quick to respect the order of the FCT court they flagrantly dishonoured the Edo court orders, even when they are fully aware of the consequences of their actions.
“Within minutes of the brutal invasion, they reversed most of the decisions passed by the legally constituted NWC for which all of them played active roles. They upturned the suspension of the former National Youth Leader, Anselem Eragbe and the former National Publicity Secretary, Abayomi Arabambi. They went ahead and awarded themselves title and offices in contravention of the court order
“I will pulse here to tell you our worries about the absurdity and abnormality of the ex-parte order granted by Justice Muazu which has since emboldened these dissidents. An ex-parte order is granted to protect the res, that is the property. And who is the party? The current and legally elected leadership. The res is Abure who is the chairman of the party.
“Ex-parte order is granted on extreme emergency. For ex-party order to be granted, it means that the matter must be an urgent one. If it is not granted within 48 hours, something will happen or maybe someone will die.
There was nothing urgent in this matter so the judge is not suppose to grant it. It is when there is a strong threat to the res or property, or the property is going to be destroyed that the order can be granted.
“Rule 43, order 3 of the FCT laws states that an ex-parte order lasts after 7 days. But the judge mischievously in awarding the order, stated that it will be pending until the hearing and the determination of the motion on notice. It means that he must determine the motion on notice. We fear that the order is now begining to take the shape of an interlocutory order.
“The order ought to be a short term but it is becoming long like an interlocutory which lasts through the pendency or life time of the matter. We are however, relieved that on the next adjourned date of May 12, the court will make a definite ruling on Jurisdiction brought before it which we insists it does not have. We have also taken note of Justice Muazu’s frivolous issuance of ex-parte in the past even when there was no need,” the statement said.
The statement recalled that a similar case experience happened in Kano recently where he granted an ex-parte order that has to do with criminal application against the APC which resulted to serious crisis in the party.
According it, the leadership of the APC in Adamawa appealed the order and court of Appeal said he didn’t have the power to give such order. Supreme court also affirmed the decision of the Appeal Court.
“Once there is a criminal element in an affidavit in support of ex-parte application, then that party is put on notice. Because ex-parte is what you hear from one side and in this case we were not put on notice in a weighty criminal allegations, so the judge has even sentenced us without hearing from us.
“He has given the impression to the whole world that we are criminals even without hearing from us. That is why they are parading the order everywhere. Ex-parte order is almost being condemned by the supreme court because it is against the spirit of fair hearing. NJC policy is also very clear, it has given direction severally that ex-parte application should no longer be fancied and that judges must avoid it.
“We urge the members of the public and our teaming supporters to continue to disregard the activities of Apapa and his cohorts particularly the so called NEC meeting in Bauchi. Today all chairmen and Secretaries, NWC members are here. So who are they meeting with in Bauchi? Their desperation and the haste to satisfy their paymasters are high,” it stated.
