The All Progressives Congress (APC) has achieved a significant legal victory in its pursuit to relocate the Benue State Local Government Election Petition Tribunal and Appeal Tribunal to Abuja. The party, represented by its state chairman, Augustine Agada, publicity secretary, Daniel Ihomun, and through their counsel, Anderson Asemota, secured an order from the Federal Capital Territory High Court in Abuja, granting their request for the tribunal’s relocation. This decision marks a pivotal turn in a complex legal battle surrounding the venue of the tribunal, raising questions about security concerns, jurisdictional disputes, and the potential implications for the fairness and transparency of the electoral process.
The initial impetus for the relocation stemmed from security concerns raised by the Chief Judge of Benue State, Justice Maurice Ikpembese. Citing security challenges within the state, Justice Ikpembese ordered the tribunal moved from its original location in Makurdi to the Nigeria Bar Association (NBA) House in Abuja. This decision aimed to ensure the safety of all parties involved and facilitate an environment conducive to unbiased adjudication. The scheduled commencement of the tribunal’s proceedings in Abuja on March 10, however, was abruptly halted by a restraining order issued by a Federal High Court in Makurdi. This conflicting order directed that the tribunal remain within Benue State, countermanding the Chief Judge’s earlier directive.
The ensuing legal tug-of-war between the conflicting court orders created a state of uncertainty, prompting the APC to take further action. The party approached the FCT High Court in Abuja seeking an order to uphold the initial relocation directive issued by the Benue Chief Judge. In their motion ex parte, the APC argued that the tribunal’s relocation to Abuja was essential for the safety and security of all participants, and that conducting the proceedings in Benue State would pose significant risks. They emphasized the Chief Judge’s firsthand knowledge of the security situation in Benue and the rationale behind his decision.
Justice M.M. Adamu of the FCT High Court, presiding over the APC’s motion, granted their request, effectively overruling the Federal High Court in Makurdi’s restraining order. Justice Adamu’s ruling directed the Benue State Local Government Election Petition Tribunal to proceed with its sittings at the NBA House in Abuja, as initially ordered by the Benue Chief Judge. The ruling further restrained the tribunal from conducting any proceedings within Benue State, solidifying the relocation to Abuja. This decision represents a significant victory for the APC and potentially sets a precedent for future cases involving similar jurisdictional and security concerns.
The FCT High Court’s ruling has far-reaching implications for the electoral process in Benue State. By relocating the tribunal to Abuja, the court has prioritized the safety and security of those involved in the proceedings, seemingly acknowledging the validity of the security concerns raised by the Benue Chief Judge. However, the decision also raises questions about the accessibility of the tribunal for residents of Benue State and the potential impact on local participation in the electoral dispute resolution process. The opposing parties may now face challenges in attending hearings and presenting their cases due to the logistical and financial implications of travelling to Abuja.
The legal battle surrounding the tribunal’s location underscores the complex interplay between security concerns, jurisdictional disputes, and the pursuit of a fair and transparent electoral process. The adjournment of the case to April 29, 2025, for the hearing of the Motion on Notice suggests that further legal arguments and challenges are anticipated. The final outcome of this legal battle will significantly impact the resolution of the local government election disputes and could set important precedents for future electoral proceedings in Nigeria, influencing how security concerns and jurisdictional issues are navigated in the pursuit of electoral justice.
