Federal High Court in Abuja, headed by Justice Obiora Egwuatu, will deliver judgement on the authentic Labour Party (LP) governorship candidate in Edo State on July 22, 2024.
The legal battle is between the party’s candidate, Mr Olumide Akpata and Barrister Kenneth Imansuangbon.
Another Federal High Court in Benin, on June 11, 2024, also fixed July 19, 2024, to deliver judgment on the LP governorship primaries.
The plaintiff alleged, among other things, that Akpata did not follow the electoral guidelines in the primaries and that he did not fill out and sign the indemnity form.
At the resumption of the hearing in Abuja on Tuesday before Justice Egwuatu, counsel to both the plaintiff and the defendant, adopted written addresses after three hours of legal crossfire by the party’s legal representatives.
The counsel to Imansuangbon, A. A. Malik (SAN), led nine other lawyers in asking the court to declare the plaintiff the winner of the LP primaries. They argued that the defendant violated the Electoral Act and the Independent National Electoral Commission (INEC) guidelines and was, therefore, not qualified to stand as the LP governorship candidate.
Malik hinged his plea on the ground that Akpata gave false information to acquire citizenship of another country, which he submitted, noting that this is a grand departure from the Nigerian Constitution’s accepted norms.
He further argued that Akpata, while filling out INEC form EC 9, “stated his name to be Akpata Olumide Anthony, which is different from and not the same as Akpata Olumide Osaigbovo,” which he earlier stated on oath to be his name and under which he contested and reportedly won the primary election of the LP.
Imansuangbon counsel wanted the court to determine whether Akpata “has not supplied or otherwise given false information to the INEC within the meaning or contemplation of the provisions of section 29(5) of the Electoral Act 2022 read together with section 182(1) (a) and (j) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”
On the discrepancy in Akpata’s choice of running mate, Malik argued that Alufokhai Oluyinka Faith’s withdrawal has further exposed her and shouldn’t have bothered coming to court, adding that “INEC does not have her record of substitution as far as INEC is concerned. Olumide Akpata does not have a valid substitution as required by INEC and the Electoral Act.
“Therefore, Akpata must carry the baggage and be disqualified by section 29 of the Electoral Act, and Imansuangbon should be declared the winner.”
While counsel to the defendant, J.J Usman (SAN) asked the court to dismiss the applications of the plaintiff for lack of merit and argued that the issue of name raised by the plaintiff Olumide should also be dismissed he noted that Akpata Olumide Anthony and Akpata Olumide Osaigbovo is the same person. Justice Ogwuatu subsequently fixed July 22, 2024, for judgement.
