From Uche Nnorom, Makurdi
A Benue State High Court presided over by the Chief Judge of the State, Justice Maurice Ikpambese on Monday reinstated Comrade Austin Agada as the Chairman of the All Progressives Congress, APC, in Benue State.
Justice Ikpambese gave the order while ruling on a motion seeking to set aside the interim order restraining Agada from parading self as Chairman of the APC in Benue State.
After listening to the arguments of counsels Agaba Moses, J.J Usman, SAN, and that of Innocent Daagba, who appeared alongside Richard Ayilla, George Ushongo, Daniel Sorkaa, John Ifer and others for Comrade Agada, Justice Maurice Ikpambese vacated the order restraining Agada from parading self, function and acting as the Chairman of the APC in Benue State.
Justice Ikpambese ruled that under order 39, rule 3 of the Benue State High Court procedure rules, 2023, the lifespan of an interim order is seven days, and since the order was issued on February 2nd, 2024, it has elapsed by law.
The Chief Judge also ruled that Justice Lillian Tsumba who restrained Comrade Agada did not have the jurisdiction to have given the Interim Order since the matter was not assigned to her by the Chief Judge nor the Superior Judge in Aliade (Justice Ibrahim Mohammed).
Justice Ikpambese further nullified the appointment of Benjamin Omakolo as Acting Chairman of the APC in Benue State and any other appointment made from February 2nd, 2024.
He accordingly struck out the motion seeking to set aside the interim order of February 2nd, 2024, as it has been overtaken by events.
The Chief Judge is to assign the case to another Judge who will hear the matter on its merits.
