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The Court of Appeal, Abuja division, on Wednesday, dismissed a suit seeking to disqualify the Labour Party candidate in Edo State, Olumide Akpata, from the upcoming September 21 governorship election.
In a unanimous judgment, a three-member panel of the appellate court held that the suit failed because the plaintiff, Kenneth Imasuangbon, failed to explore LP’s internal conflict resolution mechanisms before rushing to court.
The appellate court, in the lead judgment delivered by Justice Okon Abang, held that the suit lacked cogent and verifiable evidence against the respondent.
The court further said Imansuangbon’s allegations that Akpata did not sign the Indemnity Form was statute-barred, hence, the court lacked the jurisdiction to entertain the claim.
“Appeal is premature in law and cannot be entertained on the grounds that conditions precedents were not met. The appellant failed to tender the disputed results of the February 23 primary election of the party which he claimed to have won,” Justice Abang declared.
The court held that Imasuangbon’s claim that he was not given official results by the Labour Party was not cogent because he had his agent at the primary election.
The appellate court also faulted Imasuangbon, for not calling any witnesses or a delegate from those he claimed voted for him at the primary election.
The court, therefore, upheld the judgment of the Federal High Court in Benin, delivered by Justice Babatunde Quadiri, which dismissed Imasuangbon’s suit for want of merit.
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