The Court docket of Enchantment sitting in Makurdi Benue State, Thursday dismissed the Enchantment filed by Moses Agaba towards the Benue State Chairman of the All Progressives Congress, APC, Comrd. Austin Agada.
The attraction was filed difficult the ruling of the Chief Decide of Benue State, Justice Maurice Ikpambese which declared the lifespan of an interim injunction towards Agada, abated.
It will likely be recalled that Justice Lilian Tsumba because the quantity 2 Decide in Aliade issued an interim injunction restraining Agada from parading himself because the Chairman of APC in Benue State on the bottom that he had been allegedly suspended by his Ihaje Ward 1 Exco of the celebration and adjourned the case to 12/2/2024 for listening to of Movement for Interlocutory Injunction.
The state chairman rapidly petitioned Justice Tsumba which prompted the Chief Decide to recall the file.
On the return date of 12/2/2024, counsel to Moses Agaba deserted their Movement for Injunction and requested for a date to allow them to reply to an Utility for the setting apart of the Interim Injunction filed by the State Authorized Adviser of the APC, M.T. Alyebo Esq.
At this juncture, the eye of the Chief Decide was drawn to the truth that by Order 39 of the Guidelines of Court docket, 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 as a substitute of Makurdi and deprecated Justice Tsumba for assuming jurisdiction when the case was not assigned to her by both the CJ or essentially the most senior Decide in Aliade.
He declared the lifespan of the injunction abated and nullified all appointments made on the power of the stated Injunction.
Dissatisfied, Moses Agaba approached the Court docket of Enchantment difficult the ruling.
When the Enchantment got here up Thursday, S D. Swem and others appeared for the Appellant whereas the State Authorized Adviser, M. T. Alyebo appeared for the Respondent.
In a thought of Judgement, the Court docket of Enchantment dismissed the Enchantment holding that from whichever angle one seems to be on the case, the Appellant didn’t handle the primary situation which is the lifespan of the Interim Injunction granted by Tsumba.
The Court docket dominated that the Enchantment is subsequently missing in substance and benefit. It’s hereby dismissed.
