Adibe Emenyonu in Benin-city
A governorship aspirant of the Labour Party (LP) in Edo State, Mr. Kenneth Imansuangbon, has asked the court to prevent the governorship candidate of the party in the state from contesting in the September 21 election.
He filed two cases in Benin-city and Abuja in pursuance of Akpata’s disqualification
In a suit No. FHC B/CS/26/2024 and filed at the Benin division of the Federal High Court by his counsel, A.A. Malik & Co, Imansuangbon said that Labour Party, which is the second defendant in the suit, erred by declaring Olumide Akpata the winner of the party’s primary conducted on February 23, 2024.
Joined as defendants in the suit are the Labour Party and the Independent National Electoral Commission (INEC) as second and third defendants.
In the suit, Imansuangbon said Akpata was not qualified to have contested the primary having violated the provisions of the Section 222(c) of the Nigeria Constitution as well as Article 28 of the party’s guidelines for the conduct of the primary.
Imansuangbon further averred that votes garnered by the first defendant in the primary be declared invalid and wasted.
The plaintiff, who listed nine issues for determination and 18 others for declaration by the court, asked the court to set aside the LP February 23 governorship primary in the Edo State.
He asked the court to determine if Akpata is qualified to have contested the primary having failed to sign or endorse the indemnity form issued him by the second defendant.
The aspirant also urged the court to determine if the votes garnered in the purported primary should not be voided and wasted in the face of outright disregard to the constitutional provisions of the constitution of Nigeria and that of the party.
Similarly, Imansuangbon asked the court to determine if he that scored the second highest votes in the said primary should not be declared the winner and validly nominated to be the governorship candidate of the LP.
The court was asked to determine if the party conducted the February 23 governorship primary in a manner outlined, prescribed or otherwise circumscribed by Section 84 of the electoral Act, 2022.
That the court should also determine if the primary did not run afoul of the provisions of Section 84(2), (3), (4) & (5) of the Electoral Act, 2022.
In his declaration, the plaintiff told the court to bar the INEC or any other agent from recognising Akpata as the governorship candidate of the LP for the September 21 governorship poll.
He also called for the withdrawal of the certificate of return issued by the second defendant to the first defendant as the purported winner of the primary.
While asking for the sum of N20 million as cost of the suit, Imansuangbon demanded that a fresh primary should be conducted not later than 30 days of the judgment of the court.
In the Abuja suit, Imansuangbon alleged that Akpata supplied false information to the INEC according to information provided in his form EC9, where Akpata claimed to have been Akpata Olumide Anthony, but filled his name to be Akpata Olumide Osaigbovo.
According to Imansuangbon, Akpata’s action contravene the provisions of Section 29(5) of the 2022 Electoral Act and also Section 182(i),(a) &(j) of the 1999 constitution of the Federal Government of Nigeria as amended.
He thus sought his disqualification and restrained from participating in the September 21 governorship election in Edo State.
