Benue APC Crisis: Appeal Court Reserves Judgment in Agba vs Agada Case

The Appeal Court has reserved its judgment in the ongoing Benue APC crisis, involving the Agba vs Agada case. Stay updated on the legal proceedings and implications for the state’s political landscape.

The Makurdi Division of the Court of Appeal has considered Hon. Moses Agaba’s appeal challenging the High Court’s decision to revoke an interim order that had restrained Comrade Austin Agada from serving as the Benue State Chairman of the All Progressives Congress (APC).

In this appeal, Hon. Agaba is contesting the decision made by Justice M. A. Ikpambese, the Chief Judge of Benue State, which nullified the interim order issued by the Aliade Division of the Benue State High Court that prevented Agada from presenting himself as the Chairman of the APC Benue State Chapter.

During the appeal proceedings, Moses Agaba’s Counsel, Matthew Burkaa, SAN, presented his arguments. He contended that it was incorrect for the Chief Judge of the lower court to take back the case file from another High Court judge and nullify the interim order previously issued by that judge.

He argued that by doing so, the Chief Judge was essentially reviewing an appeal of a decision made by another judge at the same level of authority.

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In response, Austin Agada’s counsel, Yakubu Philemon, SAN, supported his brief by arguing that the lower Court correctly set aside the interim injunction. He noted that the order was initially intended to last only seven days and had expired on February 12th, 2024. Furthermore, there was no request made to renew it when it was annulled.

In a related development, the Court of Appeal has reviewed an appeal contesting the ruling and judgment by the National Industrial Court of Nigeria (NICN), Makurdi Division. The original decision, delivered on June 15, 2023, involved not considering documents submitted by Counsel representing the Appellants that questioned whether the court had jurisdiction to hear a lawsuit initiated by 23 former Local Government Council Chairmen from Benue State elected under the PDP platform.

S. A. Akpehe, Esq., the counsel for the appellants, affirmed his brief and argued that the lower court lacked jurisdiction to address the case brought by the 23 former local government chairmen since it did not pertain to an industrial issue.

After considering the arguments presented by Counsel, the court decided to reserve judgment on the appeals and will notify all parties of a decision date at a later time.