The Federal High Court sitting in Benin City, Edo State capital on Monday dismissed a lawsuit filed by Chief Kenneth Imansuagbon challenging the candidature of the Labour Party (LP) governorship candidate and former Nigerian Bar Association (NBA) President, Mr. Olumide Akpata for the Edo State governorship race.
Justice Babatunde Quadri ruled that the court lacked jurisdiction to entertain the suit, adding that the suit lacked merit and was speculative.
The court also held that Imansuangbon failed to exhaust internal dispute resolution mechanisms within the Labour Party before seeking legal action, hence it robs the court of Jurisdiction.
The Court further held that Imansuangbon’s claim that Akpata did not sign the Indemnity Form is statute-barred and that the court lacked Jurisdiction to entertain the matter.
The court declared the lawsuit premature and lacking substantial evidence to support the claims.
The ruling upholds Akpata’s position as the Labour Party’s gubernatorial candidate for the election.
Imansuangbon had in Suit No. FHC B/CS/26/2024 filed at the Benin City Division of the Federal High Court by his counsel, A. A. Malik & Co, stated that Akpata was not qualified to have contested the LP primary election, having allegedly violated the provisions of Section 222 (c) of the Nigerian Constitution as well as Article 28 of the party’s guidelines for the conduct of the primary.
Imansuangbon had urged the court to declare the votes garnered by the former NBA President in the primary election to be declared invalid and wasted.
The judge held: “This court lacks jurisdiction to entertain the suit. It lacks merit and it is based on speculation. The claimant failed to exhaust the internal dispute resolution of the party before seeking legal action hence robbing the court of jurisdiction.”
“The claim that Akpata did not sign the indemnity form is status-barred and, therefore, the court lacks jurisdiction.”
Akpata was declared winner of the primary election after he defeated Imasuagbon and four others on February 23, 2024.
