A governorship aspirant of the Labour Party, Kenneth Imasuangbon, has asked the court to disqualify the governorship candidate of the party in Edo State, Olumide Akpata, from the September 21 election.
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, Imasuangbon said that LP which is the second defendant in the suit erred by declaring Olumide Akpata the winner of the party’s primary election conducted on February 23, 2024.
Imasuangbon also filed another suit in the Abuja division of the Federal High Court where he alleged that Akpata lied under oath and supplied false information to the Independent National Electoral Commission.
In the Abuja suit filed on April 12, 2024, Akpata who is the first defendant, was joined in the suit by his running mate, Alufohai Faith, LP, and INEC as the second, third, and fourth defendants respectively.
Like in the suit filed in Benin, Akpata was only joined by LP and INEC as the first, second, and third defendants.
In the Benin suit, Imasuangbon said Akpata was not qualified to contest the primary having violated the provisions of section 222(c) of the Nigeria constitution as well as Article 28 of the party’s guidelines for the conduct of the primary.
Imasuangbon further averred that votes garnered by the first defendant in the primary be declared invalid.
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 further 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.
“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 country and that of the party.
“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.
“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.
“The court also determine if the primary did not run foul of the provisions of section 84(2), (3), (4) and (5) of the Electoral Act, 2022.”
In his declaration, the plaintiff told the court to bar the INEC or any other agent from recognizing Akpata as the governorship candidate of the LP for the September 21 Edo 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 said primary.
While asking for the sum of N20 million as the cost of the suit, Imasuangbon asked that a fresh primary should be conducted not later than 30 days after the judgement of the court.
However, for the Abuja division of the suit, Imasuangbon alleged that Akpata supplied false information to the INEC according to information provided in their form EC9.
He said that Akpata claimed to have been Akpata Olumide Anthony, but filled his name to be Akpata Olumide Osaigbovo.
According to Imasuangbon, the actions contravene the provisions of section 29(5) of the 2022 electoral Act and also section 182(i), (a), and (j) of the 1999 constitution of the federal government of Nigeria as amended.
He thus sought his disqualification and for Akpata to be restrained from participating in the September 21 governorship election in Edo State.
