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Friday, July 19, 2024

Edo Guber: Court dismisses suit seeking disqualification of LP’s candidate

The LP conducted its governorship primary election in Edo on February 23, where Mr Akpata was declared the winner.

• July 19, 2024
Olumide Akpata
Olumide Akpata (Photo Credit: The Nigerian Lawyer)

The Abuja Division of the Federal High Court on Friday dismissed the suit filed by Kenneth Imansuangbon, seeking the disqualification of Olumide Akpata as the Labour Party (LP)’s candidate for the September 21 Edo governorship election.

Justice Obiora Egwuatu, in a judgement, dismissed the suit on grounds that it was statute-barred, having been filed outside 14 days after the cause of action arose.

The LP conducted its governorship primary election in Edo on February 23, where Mr Akpata was declared the winner.

Dissatisfied with the declaration, Mr Imansuangbon, through his counsel, Anthony Malik, SAN, filed the suit marked FHC/ABJ/CS/472/2024 to challenge Mr Akpata’s emergence.

In the originating summons dated and filed on April 12, Mr Imansuangbon sued Mr Akpata, Oluyinka Alufohai, LP and the Independent National Electoral Commission (INEC) as first to fourth defendants, respectively.

The plaintiff had prayed the court invalidate Mr Akpata and Mr Alufohai’s nomination as governorship and deputy governorship candidates of LP on grounds that Mr Akpata submitted forged documents in his Form EC9.

But Mr Akpata, through his counsel, Johnson Usman, SAN, filed, among other processes, a notice of preliminary objection, challenging the competence of the suit on the ground that it was statute-barred and the court lacked the jurisdiction to entertain it.

Mr Usman equally argued that the originating summons was incompetent, having been accompanied by an incompetent written address.

Delivering the judgement, Mr Egwuatu upheld Mr Usman’s objection and agreed with the senior lawyer’s argument.

The judge, who held that the suit was statute-barred, said the court lacked the jurisdiction to entertain the suit.

He subsequently dismissed the suit, thereby affirming the party’s nomination of Mr Akpata and Mr Alufohai.

(NAN)

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