Two factions of the Labour Party (LP), on Thursday, exchanged words shortly after a Federal High Court sitting in Abuja adjourned for hearing an application to discontinue a suit against the party’s governorship candidate in Imo State, Athan Achonu.
The presiding judge, Justice Inyang Ekwo, adjourned the hearing until January 11 after Kehinde Edun, who announced appearance for LP (1st plaintiff), told the court that he was in court to file a discontinuance notice in the matter.
Upon resumed hearing, Edun, who also announced himself as the National Legal Adviser of LP, said: “On behalf of the 1st plaintiff, we want to inform the court that the 1st 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 Edun’s submission, Anderson Asemota, who had been appearing for all the plaintiffs, including the 1st plaintiff (LP), said the matter was slated for hearing.
Asemota said he was served with a notice of joinder by Achonu through his lawyer, Okwudili Anozie, who had earlier announced appearance as party seeking to be joined.
“The national legal adviser said the suit was filed without authorisation,” the judge told Asemota.
But Asemota said Edun was not the party’s adviser.
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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.
Asemota stated that the LP, whom he represented in court, had not briefed him about discontinuance of the suit.
He added that he had not been served with the notice Edun planned to file.
He argued that as a procedure, 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 then asked Edun if he had served Asemota with the application.
Justice Ekwo consequently adjourned the matter until January 11 to hear the notice of discontinuance.
While Asemota represented Lamidi Apapa faction, Edun appeared for Julius Abure-led faction of the LP.
Meanwhile, shortly after the court adjourned the matter, some members loyal to Apapa appeared in court, challenging Edun’s move to discontinue their suit.
The development resulted in shouting match prompting the officers of the Kings Guard and some officials of the court to intervene.
The plaintiffs, in their motion ex-parte, sued INEC as 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 7th 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 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.
They equally sought an order of mandatory injunction directing INEC to upload Apapa and Saleh’s names as the acting national chairman and acting national secretary, including other Apapa-led NWC members, pending the 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 put INEC on notice to respond why the court should not grant the application
In its response, INEC prayed the court to dismissed Apapa’s motion, seeking to replace the party’s governorship candidate in Imo State.
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