The Court of Appeal in Makurdi has struck out the appeal filed by Dr Benjamin Omale, the Benue State Chairman of the All Progressives Congress (APC), following developments that rendered the case obsolete. The appeal, marked CA/MKD/1199/2024, was initially launched to challenge a lower court’s decision that had affirmed Mr Augustine Agada as the legitimate State Chairman of the APC in Benue State. However, the legal battle became moot after Agada’s tenure expired, prompting the party to hold a new State Congress that elected Dr Omale as the substantive chairman. This shift in leadership eliminated the core dispute, making further judicial intervention unnecessary.
The appeal had been pending before the appellate court when the political landscape changed. With Dr Omale now officially recognized as the State Chairman following the new congress, he formally applied to withdraw the appeal. His application cited the absence of a live controversy, as the matter had been resolved through internal party processes. The Court of Appeal, in a unanimous ruling, accepted the withdrawal and struck out the appeal, emphasizing that there was no longer any issue for the court to determine. The court also directed that each party bear its own costs, a common practice in such cases where proceedings are discontinued.
This development marks the end of a prolonged legal and political tussle within the Benue APC over leadership legitimacy. The initial dispute had sparked multiple court cases, with both Omale and Agada claiming rightful positions as State Chairman. The lower court had previously ruled in favour of Agada, but that decision became irrelevant once his term ended and the party conducted fresh elections. Legal experts and party members alike have welcomed the court’s decision, viewing it as a timely and appropriate resolution.
Mr Terfa Jirgba, a senior legal practitioner and APC chieftain in Benue State, described the outcome as a logical conclusion to what had become an academic exercise. He emphasized that courts should not be burdened with cases that have already been resolved by events on the ground. According to Jirgba, the judiciary acted within its powers by dismissing the appeal, reinforcing the principle that judicial resources should be reserved for active disputes.
The internal crisis within the Benue APC had been a source of tension for months, affecting party activities and public perception. The resolution through internal elections and subsequent court action brings a measure of stability to the party’s structure. Moving forward, the APC in Benue State is expected to focus on unity and governance, with Dr Omale now leading the party under the new mandate. This case underscores the importance of timely internal party resolutions in preventing prolonged legal battles.
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