The High Court of the Federal Capital Territory (FCT), Abuja, has ordered the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) to stop taking any action aimed at removing or sidelining the Cross River State Chairman of the party, Hon. Alphonsus Ogar Eba.
The court’s decision followed a suit filed by Eba, who challenged what he described as an illegal resolution allegedly passed against him by some party officials. The ruling has temporarily secured his position as the chairman of the APC in Cross River State and has stopped all actions connected to the disputed resolution.
Justice J. E. Obanor gave the ruling on December 18, 2025, while sitting at Court 26 in Jabi, Abuja. The case is marked FCT/HC/CV/5197/2025.
The crisis in the Cross River APC began after a resolution dated November 26, 2025, allegedly emerged within the party. According to Eba, the resolution was designed to stop him from performing his duties as state chairman and pave the way for another person to take over his position.
Eba claimed that the resolution was not only unlawful but also violated the APC constitution and his right to serve out his tenure as elected chairman. He further argued that attempts were being made to exclude him from party activities at the national level.
Feeling threatened by these developments, Eba approached the court seeking urgent intervention to prevent what he described as an illegal takeover of his office.
In his application, Eba, through his lawyer, Ayotunde Ogunleye, SAN, filed a motion ex parte, asking the court to protect him from the enforcement of the disputed resolution until the matter is fully heard.
After reviewing the documents placed before it, the court agreed that there was sufficient reason to grant interim protection.
Justice Obanor ordered the APC, INEC, and other defendants in the suit to stop giving effect to the resolution or taking any step that would prevent Eba from carrying out his duties as the APC chairman in Cross River State.
The judge made it clear that the order applies to the defendants directly and also to their agents or anyone acting on their behalf.
One of the key parts of the ruling is the court’s order preventing the APC or any of its officials from stopping Eba from attending important party meetings.
Specifically, Justice Obanor restrained the defendants from barring Eba from attending the National Executive Committee (NEC) meeting of the APC scheduled for Friday, December 19, 2025.
The court also extended this protection to any other party meetings Eba is entitled to attend, either during his current tenure or during any extension of his tenure that may be approved by the party’s NEC.
This aspect of the ruling is significant, as NEC meetings play a major role in shaping party policies and decisions at the national level.
In another strong order, the court restrained the second defendant, Mr. Ekum Ekok Ojogu, or any other person, from presenting himself as the Acting Chairman of the APC in Cross River State while Eba’s tenure remains valid.
The judge ruled that no individual should assume or claim the position of state chairman while the matter is still before the court.
This order effectively puts a stop to parallel leadership claims within the party in Cross River State, at least for now.
Justice Obanor further directed all the defendants to refrain from initiating, discussing, or taking any action that could affect Eba’s position or rights as the recognised chairman of the APC in Cross River State.
The court warned that any decision or step taken during the pendency of the case that undermines Eba’s position would be contrary to the court’s directive.
The judge stressed that these orders will remain in force until the court hears and determines the motion on notice filed by the claimant.
In his ruling, Justice Obanor stated that the court was satisfied that the interim orders were necessary to preserve the status quo and prevent irreparable damage.
“Having gone through all the processes before the court and being satisfied as to the need to grant the interim orders sought, Motion No. M/16959/2025 is hereby granted, and the orders are made as prayed, pending the determination of the Motion on Notice,” the judge ruled.
The court then adjourned the case to January 22, 2026, for the hearing of the motion on notice.
The ruling has important political implications for the APC in Cross River State, where internal party disputes have been common in recent years.
Cross River is a strategic state for the APC, especially following its political realignment ahead of recent elections. Any leadership crisis within the party could affect its unity, electoral strength, and ability to mobilise supporters.
Party insiders say the dispute is part of wider internal struggles over control, influence, and future political positions within the state chapter of the APC.
INEC was named as a defendant in the suit because of its role as the regulatory body responsible for recognising party leadership structures.
By restraining INEC from acting on the disputed resolution, the court has ensured that the electoral body does not recognise any change in leadership until the matter is resolved by the court.
This is in line with previous court decisions that have cautioned INEC against taking sides in internal party disputes without clear legal backing.
The next stage of the legal battle will take place on January 22, 2026, when the court will hear the motion on notice.
At that hearing, all parties will have the opportunity to present their arguments and evidence. The court will then decide whether to continue the orders or make further rulings on the substantive issues raised in the case.
Until then, Hon. Alphonsus Ogar Eba remains the recognised Chairman of the APC in Cross River State, protected by the court’s interim orders.