The Court of Appeal sitting in Makurdi Benue State, Thursday dismissed the Appeal filed by Moses Agaba against the Benue State Chairman of the All Progressives Congress, APC, Comrd.Austin Agada.
The appeal was filed challenging the ruling of the Chief Judge of Benue State, Justice Maurice Ikpambese which declared the lifespan of an interim injunction against Agada, abated.
It will be recalled that Justice Lilian Tsumba as the number 2 Judge in Aliade issued an interim injunction restraining Agada from parading himself as the Chairman of APC in Benue State on the ground that he had been allegedly suspended by his Ihaje Ward 1 Exco of the party and adjourned the case to 12/2/2024 for hearing of Motion for Interlocutory Injunction.
The state chairman quickly petitioned Justice Tsumba which prompted the Chief Judge to recall the file.
On the return date of 12/2/2024, counsel to Moses Agaba abandoned their Motion for Injunction and asked for a date to enable them to respond to an Application for the setting aside of the Interim Injunction filed by the State Legal Adviser of the APC, M.T. Alyebo Esq.
At this juncture, the attention of the Chief Judge was drawn to the fact that by Order 39 of the Rules of Court, the lifespan of the Interim Injunction is 7 days and as of 12/2/2024, the injunction had lapsed.
Ruling, Justice Ikpambses deprecated the conduct of the lawyer who filed the case in Aliade instead of Makurdi and deprecated Justice Tsumba for assuming jurisdiction when the case was not assigned to her by either the CJ or the most senior Judge in Aliade.
He declared the lifespan of the injunction abated and nullified all appointments made on the strength of the said Injunction.
Dissatisfied, Moses Agaba approached the Court of Appeal challenging the ruling.
When the Appeal came up Thursday, S D. Swem and others appeared for the Appellant while the State Legal Adviser, M. T. Alyebo appeared for the Respondent.
In a considered Judgement, the Court of Appeal dismissed the Appeal holding that from whichever angle one looks at the case, the Appellant did not address the main issue which is the lifespan of the Interim Injunction granted by Tsumba.
The Court ruled that the Appeal is therefore lacking in substance and merit. It is hereby dismissed.
