WED APRIL 22 2026-theGBJournal| The Court of Appeal sitting in Abuja on Tuesday dismissed the appeal filed by Julius Abure, thereby upholding the decision of the lower court which recognized the Nenadi Usman-led Caretaker Committee of the Labour Party.
Delivering the lead judgment, Hon. Justice Oyejoju O. Oyewumi held that the Federal High Court properly exercised jurisdiction, noting that the reliefs sought were directed at the Independent National Electoral Commission (INEC) to compel the performance of its statutory duties. Relying on binding precedent of the Supreme Court of Nigeria, the Court found that Abure’s legal recognition had already been set aside, while the party’s National Executive Council (NEC) acted within its powers in constituting a transition committee.
On internal party democracy, His Lordship admonished political actors, stating:
“Before I am done, may I admonish political parties and their members to endeavor to always allow their constitution, rules, regulations, and guidelines to guide them in choosing their officers as well as candidates. That way, incessant internal rifts which always find their way to court will be reduced. If the constitution of a political party has prescribed a duration for the tenure of office of an officer, such officer should be humble enough to leave at the expiration of their tenure.”
Addressing the issue of forum shopping, Justice Oyewumi strongly condemned the actions of the Nasarawa State High Court, stating that: “the action of the Nasarawa State High Court in assuming jurisdiction exhibited judicial rascality and impenitence …for apparently discountenancing the context and spirit of ‘stare decisis’ and that is highly condemnable and unacceptable.”
Hon. Justice Oyewumi further described the appellants’ conduct as: “an act of forum shopping, an act I call ‘trial of luck,’ a gambling, a reprehensible practice of choosing the most favorable territorial decision of court in which a matter of course may be entertained and adjudicated upon.”
The Court held that the Nasarawa State High Court lacked jurisdiction to entertain a matter already decided by the apex court, declaring its orders a nullity. Emphasizing the hierarchy of courts, His Lordship stated:
“no court has jurisdiction to sit on appeal over the decision of the Supreme Court. Justice there must be, but in our courts, it has to be justice according to the law.”
The Court thus found the appeal to be without merit, holding that: “It is from the totality of the evidence and appropriate law that I find myself in complete agreement with the reasoning and conclusion of the trial court that same was in accord with the letter and spirit of the Constitution. I therefore hold that this appeal is grossly devoid of merit, as the arguments canvassed by the appellant are speculative, time wasting, unsubstantiated, and lacking in any legal foundation.”
In a unanimous decision, the panel dismissed the appeal in its entirety, affirming the judgment of the trial court and awarding costs of ₦10 million against the appellants in favour of the respondents.
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