The court of Appeal sitting in Abuja has overturned the judgment of the FCT high court which stopped Julius Abure, Farouk Ibrahim, and two others from parading themselves as national officers of the party.
Martins Esikpali John and seven others, in a suit filed at the FCT high court, had alleged that the defendants forged several documents of the FCT high court to carry out unlawful substitutions in the last elections.
Delivering judgment a three member panel of the appellate court held that the trial court lacked the jurisdiction to entertain the suit.
Justice Barka held that the process applied by the lower court is incompetent as it wrongly assumed jurisdiction over the case.
He said that issues bothering on forgery, perjury and conspiracy are unproven and deals with serious issues of fact, so the suit should not begin with an originating summon.
The judge also held that the lower court was wrong to interfere in the internal affairs of the political party.
“The party is in its own right Supreme over its affairs, the court will not enforce its own will over that of the political party” Justice Barka added.
The court also held that no ward executive has the power to suspend a National officer of a political party dully elected by the National delegation, adding that such powers are exclusive to the National body.
Justice Barka therefore held that the appeal has merit and set aside the decision of the lower court.
The Court also placed a fine of One million naira (N1,000,000) on the respondents.
By Georgina Humphrey
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