The Position Of Labour Party On The Supreme Court Judgment

24^th April, 2025

THE POSITION OF LABOUR PARTY ON THE SUPREME COURT JUDGMENT

The position of Labour Party after critically reviewing the supreme court judgment delivered on the 4^th of April 2025 and state as follows:

1. The Supreme Court contrary to speculations actually reaffirmed the National Convention of the Party held on the 27^thof March 2024 at Nnewi when it stated thus:

The reason for the non-justiciability of internal disputes of a political party is simple, and that is that in the eyes of the law, a political party is a corperate entity with its constitution, rules, regulations, and guidelines which are binding on members who having joined freely have consented to be so bound (See Abegunde  Vs. Ondo State House of Assembly & Ors. (2015) LPELR-24588 (SC).)

2. The internal affairs of a political party can be defined as matters, situation in which only the political party to the exclusion of others can make decisions. It means that the Constitution of the Party must hold sway and be followed in all matters.

Flowing from the above the constitution have created organs  which makes decision for the party. such organs are the National Working Committee (NWC), National Executive Council (NEC) and the National Convention. The constitution have equally spelt out the functions of these organs.

3. Accordingly, in line with the internal mechanism of the party, the current NWC of the party was elected on the 27^thof March 2024 in a National Convention.
4. The Supreme Court admonished the Party members to respect the Constitution of their party when it stated thus;

“Political Parties have put in place diverse kinds of internal dispute resolution mechanisms to handle any matter arising from disputes among members. Political parties and their members should therefore have faith in the internal dispute resolution mechanisms prescribed in their party constitution. Having subscribed to the membership of a political party, a member of a political party has by his membership agreed to be bound by the constitution and the decision of the party contained in its guidelines. So the politician must comply with the provisions of the party constitution on how disputes over the internal affairs of the party can be resolved in keeping with the legal doctrine that the internal affairs of a political party are non-justiceable and therefore not subject to the judicial powers of the courts..”

“I agree entirely with the above. Political parties must learn to adhere to their constitution and guidelines in the conduct of their domestic affairs”.

Consequently, we admonished Alex Otti the Governor of Abia State, and Peter Obi former presidential Candidate of our party in 2023 General Election who are the protagonists of the current division in the Party to hear the Supreme Court loud and clear.

5. Prior to the National Convention, the Party fulfilled all legal requirements to hold a valid National Convention in line with the Party Constitution, Electoral Act, and the 1999 Constitution.

For the avoidance of doubts, Article 14 (2) (b) of the party’s constitution provides:

“Shall cause to be issued notices of meetings of the National Convention, National Executive Council, the National Working Committee in consultation with the National Chairman.

Section 82(1), of the Electoral Act, 2022, provides;

“Every registered political party shall give the commission at least 21 days notice of any convention, congress, conference or meeting convened for the purpose of of “merger” and electing members of its executive committees, other governing bodies or nominating candidate for any elective offices specified under this Act”.

82(2)(a) of the Electoral Act, 2022, also provides;

“The commission may, with or without prior notice to the political party attend and observe any convention, congress, conference or meeting which is convened by a political party for the purpose of –

“Electing members of its executive committees of other governing bodies;

Article 1.1.3 of the INEC Regulations and Guidelines for Political Party Operations provides;

“The National Chairman and National Secretary of the party shall sign the notice of meetings, conventions, or congresses and submit same to the Commission”.

In line with the above and NEC directives, notices for the National Convention was issued on the 4^th of December 2023, subsequent notices for change of date and venue were given on 14/03/2024 and 21/03/2024 respectively. The Convention was held on the 27^th of March 2024, this is why we have consistently stated that there was no vacuum in leadership of the Party. tenure did not expire before new Convention was held. We are happy that the Supreme Court have vindicated us by reminding all and sundry that issues relating to the leadership of the Party is a domestic affair. Okoro JSC stated it clearly as follows;

“Before I am done, may I admonish political parties and their members to endeavor to always allow their constitutions, 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 would be reduced”.

6. The supreme court Did Not set aside CA/ABJ/1172/2024 BTW LABOUR PARTY VS. CHIEF EBISENI & 2 ORS decided on 13/11/2024 where it was admitted by the parties that Julius Abure is the National Chairman of the party. That decision was never appealed against and was never reviewed by the apex court.
7. For the benefit of those who may not have followed the trajectory of this leadership, we hereby state inter alia
8. The subsisting principal officers of the party first came into office through the National Executive Council (NEC) held on the 29^thof March 2021 in Benin. The NEC became expedient to fill the vacancy created by the demise of Alh. A. A Salam of blessed memory.
9. The NEC elected Barrister Julius Abure as National Chairman to complete the tenure of Alh. A. A Salam which was supposed to run until 09/06/2023.
10. However, the NEC during its validly held meeting of 18/04/2023 considered it inauspicious to hold a National Convention before 09/06/2023 and therefore extended the tenure of the National Working Committee (NWC) for twelve (12) months.

The operations of the party have always been dictated by its internal machinery as operated by the recognized organs created by its constitution.

2024. The NEC meeting which held on 18/04/2023 extended the tenure of the NWC which was to expire in June 2023 for twelve (12) months and directed the NWC to give notice of a Convention to hold before the expiration of the tenure in June 2024.
2025. Following the directive of the NEC, the Notice for the conduct of the 2024 National Convention was given to the INEC on 04/12/2023, subsequent notices for change of date and venue were adequately given to the commission accordingly.
2026. Under the Labour Party 2019 Constitution, the tenure of office of Ward, Local Government, and State Officers were Three (3) years only, while that of National Officers has always been Four (4) years.
2027. State Congresses were every three years while National Convention is every four (4) years. State Congresses held at different dates in different states according to the tenure of their officers. Delegates from each state to the 2024 National Convention were elected at the congresses which held as and when due in different states.
2028. The NEC meeting which held in Asaba on 20/03/2024 ratified the list of delegates elected from the thirty-six (36) states and the FCT to participate in the National Convention along with other members of the National Convention as listed in the Party’s Constitution Article 13(1)(A).
2029. The holding of the National Convention on 27/03/2024 is the decision of the NEC which is responsible for the overall administration and organization of the party.

The National Convention which held on 27/03/2024 was generally peaceful and in line with the party’s 2019 Constitution, the Guidelines of the Party, and the Electoral Act 2022. The Convention was chaired by Governor Alex Otti ably represented by his deputy Engr. Ikechukwu Emetu.

2024. INEC has related with the leadership led by Barrister Julius Abure (National Chairman ) and Alhaji  Umaru Farouk Ibrahim (National Secretary) based on the new tenure created at the National Convention held on 27/03/2024. By a letter dated 28/06/24, INEC invited the Labour Party for inspection of sensitive Election materials for the Edo State and Ondo State Governorship 2024 Election, and Barrister Julius Abure honoured the invitation issued by INEC to inspect the sensitive Election Materials for the conduct of the Edo State and Ondo State Governorship 2024 Election at the National Headquarters of INEC by being present at the inspection of the said materials. Equally, INEC wrote the party under the leadership of  Barrister Julius Abure as National Chairman in a letter dated 21/08/2024, with reference number: INEC/LD&C/PP/24/T/148.
2025. The party approached the court in Suit No: FHC/ABJ/CS/ 1271/2024 filed on 29/08/2024 challenging INEC’s failure to provide it with the “NOTICE OF REFRESHER TRAINING FOR UPLOAD OF POLITICAL PARTY AGENTS FOR ONDO STATE GOVERNORSHIP ELECTION”, and by so doing denying the Party’s IT staff access  to the training and Access Code provided to other political parties for the Ondo State Governorship 2024 election even though INEC had earlier on 28^thJune 2024, issued the party a “NOTICE FOR INSPECTION OF SENSITIVE ELECTION MATERIALS FOR EDO AND ONDO GOVERNORSHIP ELECTIONS 2024”.
2026. The Party’s action was solely against INEC. To the party’s utter dismay, one Sen. Esther Nenadi Usman & Anor  applied to be joined as interested parties and their defense to the party’s case was that at an expanded stakeholders meeting of the Labour Party  held on 4^thSeptember, 2024 in Abia State, a 29-member caretaker committee was set up under their leadership as chairman and secretary of the committee respectively. No evidence was led that INEC was notified of the meeting.
2027. According to the Party’s Constitution, only the Party’s National Executive Council (NEC)  “have powers to establish ad-hoc and standing committees of the Party and appoint members of such committees” (Article 13 (2) (B) (xii) of the party’s Constitution). At no time whatsoever, did the NEC of the party give notice to INEC for the appointment of, nor appoint any National caretaker Committee.

No organ of the party is known as expanded stakeholders meeting. Furthermore no NEC meeting of the party held on 4^th September, 2024 in Abia State or any other place and no notice of such was given to INEC.

1. Even though the two lower courts asserted their lack of jurisdiction to delve into the leadership of a political party, they however confirmed the validity of the 2024 National Convention of the party.

Conclusively, the National Working Committee elected on the 27^th of March 2024 by our Party internal Machinery as stated by the Supreme Court is in place, let no one live in fools paradise.

Barrister. Julius Abure Alh.                   Umar Farouk Ibrahim
National Chairman                                       National Secretary