Benin: Mr Lawrence Okah, Secretary of the All Progressives Congress (APC) in Edo, has challenged the jurisdiction of the State High Court in Benin to hear a suit questioning his emergence and tenure in office.
The suit, marked No. B/228/26, was filed by a party member, Mr Curtis Ugbo, against the APC, its National Working Committee (NWC), and Okah, seeking judicial intervention in the party’s internal leadership structure in the state.
At the resumed hearing on Monday before Justice Mary Asumota, counsel to the defendants, Mr Ehiogie West-Idahosa (SAN), argued that the court lacked jurisdiction, describing the matter as an internal party affair.
West-Idahosa told the court that the defence had filed a preliminary objection dated March 10, supported by affidavits and a written address challenging the competence of the suit.
He added that after receiving the claimant’s counter-affidavit, the defence filed a 12-paragraph further affidavit in reply on points of law on Friday.
He, however, noted that the claimant served an additional process on the defence in open court on Monday morning.
The senior advocate said the defence was not seeking to delay proceedings but insisted that the court must first determine whether it had jurisdiction to entertain the matter.
“We have joined issues. We have been served by the plaintiff, and we have responded to all applications.
“The papers are before the court, and we are ready to proceed—provided the court has jurisdiction—unless directed otherwise.
“It is only proper for the court to first determine whether it has jurisdiction,” he said.
West-Idahosa argued that the dispute over Okah’s election and tenure as Edo APC secretary was a domestic party matter and, therefore, outside the court’s jurisdiction.
He relied on Section 83(5) of the Electoral Act 2026 and relevant judicial authorities, maintaining that courts do not interfere in the internal administration of political parties except where constitutional or statutory provisions are breached.
He also contended that the claimant lacked locus standi to institute the suit, noting that Ugbo admitted he suffered no personal prejudice and was merely acting “to save the party from grave danger.”
“The claimant conceded that he is not prejudiced, yet seeks to make a case for other party members.
“Section 83(5) of the Electoral Act is clear. The court lacks jurisdiction, and the plaintiff did not address this issue in either the counter-affidavit or written address.
“We urge the court to treat that silence as a concession,” he said.
West-Idahosa further argued that the claimant failed to exhaust the internal dispute resolution mechanisms provided in the APC Constitution before approaching the court.
He said Article 21.5(v) requires aggrieved members to seek redress through the party’s congress and appeal committees, while interpretation of constitutional provisions rests with the National Advisory Council under Article 32.
In response, counsel to the claimant, Mr Matthew Adaghase, argued that the suit was filed to prevent alleged illegality capable of harming the party’s future.
He urged the court not to dismiss the matter as frivolous and to allow the substantive issues to be heard.
“The claimant is a concerned party member seeking to avert grave danger and possible collapse of the party, so it can field credible and eligible candidates.
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“The party cannot be allowed to operate in illegality,” he said, citing Attorney General of Abia State v. Attorney General of the Federation (2021).
After hearing both parties, Justice Asumota adjourned the case until May 22 for further hearing.