Books and all forms of writing are terror to those who wish to suppress the truth- Dispelling barrister Julius Abures lies and deception.

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Unveiling the truth about labour party conflict that has been resolved by a supreme court judgement.

PART 2


Abuja Appeal court ruling 


IN THE COURT OF APPEAL OF NIGERIA

ABUJA JUDICIAL DIVISION

HOLDENAT ABUJA

BETWEEN

ON THURSDAY THE 24T™ DAY OF AUGUST, 2023 BEFORE THEIR LORDSHIPS: MOORE ASEIMO A, ADUMEIN JOSEPH OLUBUNMI K. OYEWOLE RIDWAN MAIWADA ABDULLAHI SIR BASIL MADUKA

AND

1. LABOUR PARTY

cOMMISSION (INEC)

APPEAL NO: CA/OW/200/2023

2. INDEPENDENT NATIONAL ELECTORAL

USTICE COURT OF APPEAL

JUSTICE COURT OF APPEAL

JUSTICE COURT OF APPEAL

3. CHIEF UKAEGBU IKECHUKwU J0SEPH

RULING

1

APPELLANT

(DELIVERED BY JoSEPH OLUBUNMI KAYODE OYEWOLE, JCA)

RESPONDENTS

At the hearing of this Appeal, there were conflicting legal appearances for the 1* Respondent by different legal practitioners. This necessitated a directive by the Court to the two legal practitioners involved to file any necessary process which might assist the Court determine which of them should be accorded rights of audience in respect of the 1stRespondent. Pursuant to the said directive, Mr. P. I. Oyewole filed an affidavit of fact on the 4th August, 2023 with several documents attached. This was accompanied by a written address. Mr. Greg Anyanwu his

contender equally filed a written address on the same 4th August, 2023.

A perusal of the documents and arguments of counsel discloses that

there is a leadership crisis in the 1* Respondent in respect of which the

contending sides are relying on different decisions of the High Court. It further emerged from the contending positions that appeals in respect of the High Court decisions favouring the contending sides are pending before this Court, It is not in contention from the record of appeal and the processes filed by the two contending counsel however, that the decision of the lower court on appeal herein arose from the primary election

conducted by the leadership of the 1* Respondent disposed towards Mr.

Greg Anyanwu and that in this wise, Mr. Greg Anyanwu appeared for the 1% Respondent at the lower court. The documents filed by Mr. P. I. Oyewole shows abundantly that his appearance will muddle the narrow issues in contention in this appeal by bringing into play the leadership

2

dispute in the 1 Respondent which is subject of different pending appeals in this Court. However, it will be improper for this Court to make any pronouncement on the leadership dispute in the 1* Respondent in this

appeal as nothing in the Notice of Appeal herein justifies it. It is improper

for a court to go beyond the dispute submitted before it and make

pronouncements on extraneous matters. See CHRISTOPHER VS STATE

(2022) LPELR-57565(SC) and NZOM & ANOR VS JINADU (1987)

LPELR-2143(SC) at page 9 where OPUTA, JSC stated thus:

. no Court is allowed to travel beyond the facts of the ase before it Similarly a purported question for determination

which travels beyond those facts is merely speculatie and purely academic "

In the circumstances, it is abundantly evident that Mr. P. I. Oyewole is extraneOus to the present proceedings which do not have anything to do

with the primary election conducted by the tendency of the leadership of

the 1* Respondent he represents. The appropriate counsel to conduct this

appeal is Mr. Greg Anyanwu who has been part of this case from inception

representing the other tendency of leadership of the 1* Respondent which

conducted the primary election in issue in this appeal. That being so, the 1* Respondent's brief filed by Mr. P. I. Oyewole and all other processes filed by the said counsel on behalf of the 1* Respondent in this appeal shall be appropriately discountenanced in preference for those filed by Mr. Greg

Anyanwu.

JOSEPH OLUBUNMI KAYODE OYEWOLE

JUSTICE, cOURT OF APPEAĻ.

CERIIFIE

ERTIFIED th 'E COPY

RT OF APPEAL ABUJA

OGUNFUWA HAŞSANA (MRS)

ACEE

Date.S

L

APPEAL NO: CA/OW/200/2023

MOORE ASEIMO ABRAHAM ADUMEIN, JCA

I read before now the leading ruling just rendered by my learned brother, Joseph Olubunmi Kayode Oyewole, JCA.

I agree with the decision of my learned brother.

MOORE ASEIMO ABRAHAM ADUMEIN

JUSTICE, COURT OF APPEAL

1 CERTIFIED

E COPY

cOURT OF APFE. L ABUJA

OGUNFUWA HASSANA (MRS

Signalure *

Date....


CA/OW/200/2023

RIDWAN MAIWADA ABDULLAHI, JCA

I agree with the Ruling just delivered by my learned brother,

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA.

RIDWAN MAIWADA ABDULLAHI,

JUSTICE COURT OF APPEAL

CERTIFIED E COPY

COURT OF APFE LABUJA

OGUNFUWA HASSANA {MRS)

L


STAY TUNED FOR PART 3 




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