The Court of Appeal in Makurdi has reserved its judgment on the appeal filed by Hon. Moses Agaba against the Benue State High Court’s decision to set aside the interim order restraining Comrade Austin Agada from acting as the state chairman of the All Progressives Congress (APC).
Agaba’s legal team, led by Senior Advocate of Nigeria (SAN) Matthew Burkaa, argued that the Chief Judge of Benue, Justice M. A. Ikpambese, erred in withdrawing the case file from another judge and overturning the interim injunction. According to Agaba’s counsel, this action amounted to the Chief Judge overstepping by reviewing a decision made by a judge of the same jurisdiction.
In defense, Agada’s lawyer, Yakubu Philemon SAN, contended that the original order had expired on February 12, 2024, and no application had been made to extend it, justifying the lower court’s action in setting it aside.
Additionally, the Court of Appeal also heard another appeal challenging the National Industrial Court’s ruling on a case involving 23 former Local Government Council Chairmen in Benue State. The appellants argued that the lower court lacked jurisdiction over the matter, which was not an industrial dispute. The Court has yet to deliver judgment in both cases.
