BREAKING: APC Crisis: Court of Appeal dismisses Moses Agaba’s appeal against Austin Agada

The Court of Appeal in Makurdi, Benue State, on Thursday dismissed an appeal filed by Moses Agaba against the Benue State Chairman of the All Progressives Congress (APC), Comrade Austin Agada.

The appeal challenged the decision of the Chief Judge of Benue State, Justice Maurice Ikpambese, who declared that the interim injunction against Agada had lapsed. The injunction had initially been issued by Justice Lilian Tsumba, preventing Agada from presenting himself as the APC Chairman of Benue State, following an alleged suspension by his Ihaje Ward 1 Exco. The injunction was set to be heard again on February 12, 2024.

After the injunction was issued, Agada petitioned Justice Tsumba, prompting the Chief Judge to take over the case. On the adjourned date, Agaba’s counsel abandoned the motion for an interlocutory injunction and requested a new date to respond to an application to set aside the interim injunction, filed by the APC’s State Legal Adviser, M.T. Alyebo.

Justice Ikpambese, upon reviewing the case, pointed out that, under Order 39 of the Rules of Court, the interim injunction had a 7-day lifespan, and by February 12, 2024, it had expired. He criticized the conduct of the lawyer who filed the case in Aliade instead of Makurdi and questioned the jurisdiction of Justice Tsumba in handling the matter. He declared the injunction expired and nullified all actions based on it.

Dissatisfied with the ruling, Moses Agaba took the matter to the Court of Appeal. During Thursday’s hearing, Agaba’s legal team, led by S.D. Swem, argued the case, while M.T. Alyebo represented the respondent. In its judgment, the Court of Appeal dismissed the appeal, stating that the appellant failed to address the core issue of the injunction’s lifespan, rendering the appeal without merit. Consequently, the appeal was dismissed.