The Supreme Court of Nigeria, in its judgment delivered on April 4, 2025 (SC/CV/56/2025), effectively set aside the part of the Court of Appeal’s judgment that recognized Barrister Julius Abure as the National Chairman of the Labour Party (LP).
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However, it’s important to clarify exactly what the Supreme Court did and how it impacted the Court of Appeal’s decision.
What the Court of Appeal Did
The Court of Appeal, in its ruling on January 17, 2025 (CA/ABJ/CV/1217/2024), had struck out the original suit filed by the Labour Party at the Federal High Court (FHC/ABJ/CS/1271/2024) for lack of jurisdiction. It reasoned that the main issue—determining the leadership of the Labour Party—was an internal party matter that courts couldn’t decide (i.e., it was “non-justiciable”). Despite this, the Court of Appeal went further and affirmed Barrister Julius Abure as the National Chairman, referencing its earlier decision in another case (CA/ABJ/CV/1172/2024: Labour Party v. Olusola Ebiseni). This affirmation came even though the court acknowledged it lacked jurisdiction over the leadership dispute.
What the Supreme Court Did
The Supreme Court, in its judgment delivered by Justice John Inyang Okoro, took issue with this contradiction. Here’s what it said and did:
- Agreed the Case Was Non-Justiciable: The Supreme Court confirmed that the core of the Labour Party’s suit—especially the fifth relief seeking recognition of Abure as chairman—was about the party’s internal leadership. Courts don’t have the power (“jurisdiction”) to settle such internal party disputes unless it’s a specific issue, like candidate nomination for an election (covered under Section 84(14) of the Electoral Act, 2022), which this wasn’t.
- Criticized the Lower Courts: The Supreme Court pointed out that both the Federal High Court and the Court of Appeal were wrong to make any pronouncement on Abure’s leadership after admitting they had no jurisdiction. It called this a “somersault”—like saying you can’t do something and then doing it anyway. Specifically, the Court of Appeal’s affirmation of Abure as chairman (on page 914 of the record) was seen as overstepping its authority.
- Set Aside the Recognition of Abure: The Supreme Court explicitly ruled that “the decisions of both the trial court and the court below recognizing Barrister Julius Abure as the National Chairman of the 1st Respondent are hereby set aside.” This means the part of the Court of Appeal’s judgment that affirmed Abure as chairman was canceled—wiped out as if it never happened.
- Struck Out the Entire Suit: Beyond just reversing the recognition of Abure, the Supreme Court went further and struck out the whole original suit (FHC/ABJ/CS/1271/2024) from the Federal High Court for lack of jurisdiction. This included all five reliefs sought by the Labour Party, not just the one about Abure. The court said the case didn’t belong in court at all because its main point was an internal party issue.
- Dismissed the Cross-Appeal: The Labour Party had filed a cross-appeal (SC/CV/56A/2025), but the Supreme Court dismissed it since it stemmed from the same flawed Court of Appeal judgment.
Did the Supreme Court Set Aside the Entire Court of Appeal Judgment?
Not exactly. The Supreme Court didn’t completely overturn the Court of Appeal’s judgment. The Court of Appeal had struck out the suit for lack of jurisdiction, and the Supreme Court agreed with that part. However, it set aside the specific portion where the Court of Appeal affirmed Abure as chairman, calling it an error since the court had no power to make such a pronouncement. In effect, the Supreme Court corrected the Court of Appeal by removing the Abure recognition while upholding the decision to strike out the suit—and then took it a step further by striking out the original suit itself directly.
Simple Answer for You
Yes, the Supreme Court set aside the Court of Appeal’s judgment recognizing Abure as Labour Party chairman. It said the Court of Appeal had no right to make that decision, canceled that part of the judgment, and threw out the whole case because courts shouldn’t be deciding who leads a political party. Therefore, any official court backing for Abure as chairman from this case is nullified.
Download the Judgment in PDF format.
[pdf-embedder url=”https://thenigerialawyer.com/wp-content/uploads/2025/04/Full-Text-Supreme-Court-Judgment-Strikes-Out-Suit-Recognizing-Abure-As-Labour-Party-Chairman.pdf” title=”Full Text Supreme Court Judgment Strikes Out Suit Recognizing Abure As Labour Party Chairman”]
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