JUSTICE James Omotosho of the Federal High Court Abuja has dismissed a lawsuit that aimed to invalidate the nomination of Olumide Akpata as the Labour Party candidate in the upcoming Edo State governorship election on September 21.
In his ruling, Justice Omotosho supported the arguments put forth by Akpata’s lawyer, Johnson Usman, (SAN), stating that the plaintiffs lacked the legal standing to bring the case to court.
The lawsuit was initiated by Anderson Asemota, Monday Mawah, who is a deputy governorship candidate, and Lamidi Apapa, identified as the acting national chairman of the Labour Party.
The defendants included the Independent National Electoral Commission (INEC), Olumide Akpata, and the Labour Party.
Justice Omotosho determined that the plaintiffs were not eligible to bring the case to court as they did not take part in the party’s primary election on February 23, 2024, which led to Akpata’s selection as the party’s candidate.
Furthermore, the judge emphasized that the matter revolved around the internal affairs of a political party regarding candidate nominations, which is the prerogative of the party itself.
Therefore, he ruled that the court did not have jurisdiction to hear the case.
Even if the court did have jurisdiction, Justice Omotosho found the suit to be without merit.
He cited that the Court of Appeal had invalidated the orders issued by a high court in the Federal Capital Territory (FCT), including a restraining order against the Julius Abure-led party leadership.
The judge concluded that the decisions made by the acting executives, including the consensus primary election that resulted in Asemota’s candidacy, were null and void due to the Court of Appeal’s ruling.
As a result, Asemota could not be recognized as a valid candidate arising from a lawful primary election.
The plaintiffs had prayed the court to compel INEC to publish Asemota as the winner of the Edo Labour Party Governorship Primary Election.
However, Justice Omotosho’s verdict dismissed this request based on the legal grounds presented in the case.
