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The All Progressives Congress (APC) in Benue State has successfully obtained a restraining order from the Court of Appeal, Makurdi Division, preventing Austin Agada from presenting himself as the state chairman of the party.
The development follows a November 28, 2024 judgment of the Makurdi High Court in Suit No: MHC/1587M/2024, which had reportedly favoured Agada and his executive committee. In response, the APC promptly filed an appeal against the ruling on the same day—November 28, 2024—and sought urgent interlocutory reliefs to preserve the status quo pending the determination of the substantive appeal.
The appellate court granted the following key orders:
1. An order of injunction restraining the 1st to 9th respondents (including Agada and associated parties) from enforcing, taking steps to enforce, or deriving any benefit from the High Court judgment delivered on November 28, 2024, pending the hearing and determination of the appeal.
2. An order staying the execution of the said High Court ruling, also pending the final outcome of the appeal.
The injunction effectively bars Austin Agada from parading himself as the chairman of the APC in Benue State or exercising any authority associated with that position while the appeal remains pending.
The clarification comes amid persistent social media claims and counter-claims suggesting that Agada’s dissolved executive would oversee upcoming party congresses in the state. Party sources and stakeholders have described such narratives as misleading, emphasising that the constituted Caretaker Committee, headed by Hon. Benjamin Omale, remains the recognised leadership structure in Benue APC. The committee has been in place for over a year.
Supporters of the current party arrangement have dismissed suggestions that the High Court judgment automatically restores Agada’s leadership, pointing to the subsisting appeal and the Court of Appeal’s restraining orders as decisive. They argue that any attempt to act contrary to the appellate injunction would amount to contempt of court.
The APC leadership in Benue has maintained that the Caretaker Committee, duly constituted by the national headquarters, continues to exercise lawful authority over party affairs in the state, including preparations for congresses and other organisational activities.
The matter remains sub judice as the Court of Appeal is yet to hear and determine the substantive appeal. Legal observers expect the outcome to finally resolve the lingering leadership tussle within the Benue chapter of the ruling party.
