By Ishaya Ibrahim
The Labour Party has said it is amazed at the spate of judgments being churned out at the various National and State Assembly tribunals where several of their elected members at the National Assembly have been sacked by the tribunals.
A statement by Labour Party National Chairman, Julius Abure, said it was a surprise that the Labour Party which in the last general election, took Nigerians by surprise by rewriting the political narratives and ending the dominance of the two major political parties in Nigeria, is now becoming the targeted of judicial attacks.
The statement reads: “LP became a household name with over 10 million members and supporters across the nation. However, this feat is regrettably being reversed by the pronouncements coming out from the various tribunals.
“We are worried because the reasons for reversing our victories are matters that have been settled by the superior courts in the past. It is even incomprehensible and ludicrous when different tribunals give conflicting and diverse judgements on the same matter, a matter that has since been ruled by the Supreme Court and very recently at the Presidential Election Petition Court in APC v Peter Obi. The courts have in a plethora of cases held that the court has no jurisdiction to intervene in the internal affairs of a political party.
“The issue of nomination of candidates as well as membership are internal affairs of the party beyond the jurisdiction of courts. It is only a political party that can determine who its members are and who their flag bearer for an election should be.
“In its judgment in SC/CV/501/2023 which was sighted for the Tribunal, the Supreme Court held that ‘A political party that files a suit to challenge the nomination of the candidate of another party will be a nosy busybody, a meddlesome interloper, peeping into the affairs of his neighbour without any backing in law. No court of law can entertain such a Suit’
“In the case of ARDO & ANOR v. NYAKO & ORS (2013) LPELR-CA/YL/15/2012 (CONSOLIDATED), the court of appeal, per DENTON-WEST, J.C.A., held that; ‘However it is a notorious principle of law that courts have no right whatsoever to descend into the internal affairs of political parties as to choose their candidates for them or decide the status of their membership.’
“This position is more vividly expounded in the case of AGI v. PDP & ORS (2016) LPELR-SC.256/2016, where the Supreme Court held that; ‘… a party is supreme over its own affairs……A party is like a club. A voluntary association. It has its rules, regulations, guidelines, and Constitution…’
“Part of the rules and guidelines of the Labour Party is to accord membership to any Nigerian whoso desire, and including by way of a waiver. If you look at our guidelines, it is very clear, that we can grant a waiver to people who are joining us during the election, and Labour Party in observance of its own relevant rules and guidelines discharged its obligations by granting a waiver to as many as requested for it. So, it is our inalienable right under our own rules and we activated it to the fullest.
“The decisions of the tribunal against our elected lawmakers are clearly in contravention of established jurisprudence. Where the leadership of a party regards a person as a member of the party eligible to contest the primaries, no member of the party can complain against such a decision. Such an issue is within the domestic and internal affairs of the party over which the courts have no jurisdiction as such is not justiciable.
“It is therefore a mockery of our judicial system for lower court to upturn a judgement already delivered by the Supreme Court. Though the tribunal is not the final court but we frown at the recklessness of our judicial officers in entering a judgement that looks suspicious.
“We are therefore calling the attention of the Nigeria Judicial Council to the injustice on going and to review the activities of some of our legal officers who may have been compromised and found wanting in the discharge of their duties.
“Labour Party must be encouraged to widen the political space and end the one party system being vigorously pursued by the ruling party. Pushing the party under a moving trailer will not in any way help anyone.”