ABUJA – Abuja Division of the Court of Appeal, on Wednesday, dismissed a suit by an aggrieved governorship aspirant, Barr. Kenneth Imasuangbon, seeking to disqualify, Barr. Olumide Akpata, the gubernatorial candidate of the Labour Party in the September 21, Edo State Governoship election.
The appellate court held that the legal action instituted by Imasuangbon was bereft of cogent and verifiable evidence in the allegations levelled against Akpata.
Justice Okon Abang, who delivered the lead judgment, held that Imasuangbon failed to explore and exhaust inter conflict resolution mechanism of the Labour Party before heading to Court.
Consequently, the panel reasoned that the appellant’s case was premature in the eyes of the law and cannot be entertained on the ground that conditions precedents were not met.
Justice Abang noted that the deposition of Imasuangbon that he was not given official results by Labour Party cannot hold waters because he had his agent at the primary election.
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In a unanimous judgment, the panel also stated that the appellant failed to tender the disputed results of the February 23, primary election of the party which he claimed to have won.
It was the contention of the court that Imansuangbon’s allegations that Akpata did not sign the indemnity form “is statute-barred and therefore lacked jurisdiction.
More so, the panel held that the appellant did not call as witness, a single delegate from those he claimed voted for him at the primary election.
In view of the foregoing, the Appeal Court upheld the judgment of the Federal High Court in Benin, delivered by Justice Babatunde Quadiri, which had earlier dismissed Imasuangbon’s suit for being unmeritorious.
Recall that Imasuangbon had prayed the trial court to disqualify Akpata as Labour Party gubernatorial candidate on the allegations that he was not qualified to participate in the poll.
He asked for an order of the court compelling Labour Party to withdraw the candidacy of Akpata and submit his own name as the right candidate having come second in the primary election.
