Makurdi, Benue State – November 21, 2024:
Written by Daniel Ihomun
The Court of Appeal in Makurdi has dismissed an appeal by Moses Agaba challenging a ruling by the Chief Judge of Benue State, which declared the interim injunction against Hon. Augustine Agada, APC State Chairman, as abated.
The case originated from an interim injunction issued by Justice Lilian Tsumba in Aliade. The injunction had restrained Hon. Augustine Agada from performing his duties, citing alleged suspension by Ihaje Ward 1. The hearing was initially scheduled for February 12, 2024.
However, the Chief Judge later ruled that the injunction, governed by Order 39 of the Rules of Court, expired after seven days. This decision followed a petition by Agada against Justice Tsumba, prompting the Chief Judge to recall the file. On February 12, the court observed that counsel for Moses Agaba abandoned their motion for interlocutory injunction, instead requesting more time to respond to the APC Legal Adviser’s application to set aside the injunction.
Ruling on the matter, Justice Ikpambses criticized Justice Tsumba for assuming jurisdiction without proper assignment from the Chief Judge. The interim injunction was declared invalid, and any actions taken under its authority were nullified.
Aggrieved by the decision, Moses Agaba filed an appeal. Today, the Court of Appeal dismissed the appeal, ruling that it lacked substance and failed to address the main issue concerning the injunction’s lifespan.
The court upheld the Chief Judge’s ruling, affirming Hon. Augustine Agada’s position as APC Chairman in Benue State.
