The Court of Appeal in Makurdi, Benue State, on Thursday, dismissed the appeal filed by Moses Agaba against the state Chairman of the All Progressives Congress (APC), Comrade Austin Agada.

Agaba had challenged the ruling of the Chief Judge of Benue State, Justice Maurice Ikpambese, which declared the interim injunction against Agada as having lapsed. This injunction, initially issued by Justice Lilian Tsumba, had restrained Agada from presenting himself as APC Chairman in Benue, citing an alleged suspension by his Ihaje Ward 1 Exco. The case was adjourned for further hearing on February 12, 2024.

Following a petition by Agada, the Chief Judge recalled the case file, and on the adjourned date, Agaba’s legal team withdrew their motion for an injunction. They instead requested time to respond to an application seeking to nullify the interim injunction, filed by APC’s State Legal Adviser, M.T. Alyebo.

At this point, the Chief Judge noted that under Order 39 of the Court Rules, the interim injunction’s validity was limited to seven days, and by February 12, 2024, it had expired. Justice Ikpambese criticized the lawyer for filing the case in Aliade instead of Makurdi, and also reprimanded Justice Tsumba for taking jurisdiction over the matter without prior assignment from the Chief Judge or the senior judge in Aliade. He declared the injunction null and void, including any appointments made based on it.

Dissatisfied with the ruling, Agaba appealed to the Court of Appeal. When the appeal was heard on Thursday, legal representatives for both sides appeared in court. After reviewing the case, the Court of Appeal concluded that the appeal lacked merit, emphasizing that Agaba had failed to address the core issue—the lifespan of the interim injunction. Consequently, the court dismissed the appeal.