A Federal High Court sitting in Abuja on Friday dismissed the suit filed by Kenneth Imansuangbon seeking the disqualification of Olumide Akpata as Labour Party, LP’s candidate for the Sept. 21 Edo governorship election.
Justice Obiora Egwuatu, in a judgment dismissed the suit on grounds that the suit was statue barred, having been filed outside 14 days after the cause of action arose.
Recall that the LP conducted its governorship primary election in Edo on Feb. 23, where Akpata won and was declared the winner.
However, dissatisfied with the declaration, Imansuangbon, through his Counsel, Anthony Malik, SAN, filed the suit marked: FHC/ABJ/CS/472/2024 to challenge Akpata’s emergence.
In the originating summons dated and filed on April 12, Imansuangbon sued Akpata, Oluyinka Alufohai, LP and Independent National Electoral Commission, INEC, as 1st to 4th defendants respectively.
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The plaintiff had prayed the court to invalidate Akpata and Alufohai’s nomination as governorship and deputy governorship candidates of LP on the ground that Akpata submitted forged documents in his FORM EC9.
But Akpata, through his Counsel Johnson Usman, SAN, filed among other processes, a notice of preliminary objection, challenging the competence of the suit on the ground that it was statute barred and the court lacked the jurisdiction to entertain it.
Usma equally argued that the originating summons was incompetent, having been accompanied by an incompetent written address.
Delivering the judgment, Justice Egwuatu upheld Usman’s objection and agreed with the senior lawyer’s argument.
The judge, who held that the suit was statute barred, said the court lacked the jurisdiction to entertain the suit.
He subsequently dismissed the suit, thereby affirming the nomination of Akpata and Alufohai by the party.
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