Economy

“Only Nenadi Usman-Led LP Can Authorise Litigation” — Court Of Appeal Dismisses ABSIEC Appeal, Awards ₦100,000 Costs

Senator Nenadi Usman

The Labour Party has welcomed the decision of the Court of Appeal, Owerri Judicial Division, dismissing an appeal filed in its name in a pre-election matter involving the Abia State Independent Electoral Commission, describing the ruling as a further affirmation that only the recognised national leadership led by Senator Nenadi Usman can authorise litigation on behalf of the party.

The decision was delivered on July 2, 2026, in Appeal No. CA/OW/104/2026, between Labour Party & 14 Ors. and Abia State Independent Electoral Commission & 4 Ors.

In a statement issued on July 6, 2026, by its National Publicity Secretary, Ken Asogwa, the party said the judgment reinforced what it described as the settled legal position that legal proceedings in the name of the Labour Party can only be commenced, defended or maintained with the authority of the party’s recognised national leadership.

According to the statement, the appeal arose from a pre-election matter following the decision of the Federal High Court.

The party said that upon discovering that an appeal had been filed in its name without the knowledge, approval or authorisation of its recognised national leadership under Senator Nenadi Usman, the National Legal Adviser, Mrs. Taiwo Mary Ajayi, Esq., instructed Mr. C. Okoroafor through a letter dated June 22, 2026, to represent the party and take steps to withdraw the appeal.

The Labour Party said two different counsel appeared before the Court of Appeal claiming to represent the party, prompting the court to direct both sides to produce documentary evidence of their authority.

According to the party, Mrs. A. Oteh, who had filed the appeal, relied on a letter issued by Mr. C. K. Igara, who described himself as the South-East Vice Chairman of the Labour Party.

The party said Mr. Okoroafor, on the other hand, relied on a formal letter of authority issued by the National Legal Adviser on behalf of the recognised national leadership of the party.

The Labour Party stated that after considering the documents, the court accepted the authority issued through the office of the National Legal Adviser as the valid authorisation on behalf of the party.

The certified true copy of the proceedings shows that when the matter came up before the Court of Appeal, Owerri Division, before Justices P. A. Mahmoud, Ntong F. Ntong and A. M. Anka, appearances were announced by counsel, including A. Oteh for the appellants and E. V. Isiofia for the first appellant/applicant.

The record further shows that Oteh withdrew the counter-affidavit filed on June 29, 2026, in opposition to the application, and the court struck out the counter-affidavit.

The court also considered the competence of the appeal, noting that the matter was an election matter which, by law, ought to be determined within 60 days.

In its ruling, the court observed that the judgment of the lower court was delivered on March 18, 2026, the notice of appeal was filed on the same date, and the record of appeal was transmitted to the Court of Appeal on April 15, 2026.

The court held that whichever date was used for computation, the appellants were already outside the 60-day constitutional timeline by the time the application was argued.

The appellate court stressed that timelines in election matters are immutable and sacrosanct, describing them as “like the Rock of Gibraltar” which cannot be moved.

The court also awarded ₦100,000 costs against Mrs. A. Oteh, lead counsel to the 2nd to 15th appellants, to be paid personally before she would be allowed audience in the court in future.

Reacting to the ruling, the Labour Party said the decision was significant because it reinforced the principle that only the duly recognised national leadership of the party, acting through authorised officers, has the legal competence to engage counsel and institute, defend or sustain proceedings in the name of the party.

The party also maintained that the judgment, in effect, reaffirmed the leadership of Senator Nenadi Usman as the authentic and valid leadership of the Labour Party.

 

It said it would continue to resist attempts by unauthorised persons, including Barr. Julius Abure and Mr. C. K. Igara, to hold themselves out as representatives of the Labour Party or to initiate, defend or maintain legal proceedings in its name without lawful authority.