The Court of Appeal in Abuja has dismissed a suit seeking to disqualify former President of the Nigerian Bar Association, Olumide Anthony Akpata as the gubernatorial candidate of the Labour Party in the September 21 election.
The appellate Court held that the suit instituted by an aggrieved governorship aspirant, Barrister Kenneth Imasuangbon lacked cogent and verifiable evidence in the allegations against Akpata.
In the lead judgment delivered by Justice Okon Abang, the Court of Appeal held among others, that Imasuangbon failed to explore inter conflict resolution mechanism of the Labour Party before rushing to Court.
To this end, the Court held that his case was premature in law and cannot be entertained on the ground that conditions precedents were not met.
The unanimous judgment of the 3-man panel of Justices also held that 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 said that the claim of Imasuangbon that he was not given official results by Labour Party cannot hold waters because he had his agent at the primary election.
To worsen the situation, the court said that the appellant did not call as witness, a single delegate from those he claimed voted for him at the primary election.
The Court further said that Imansuangbon’s allegations that Akpata did not sign the Indemnity Form is statute-barred and therefore lacked jurisdiction.
The Appeal Court therefore upheld the judgment of the Federal High Court in Benin delivered by Justice Babatunde Quadiri which had earlier dismissed Imasuangbon’s suit for want of merit.
Imasuangbon had in the suit prayed that Akpata be disqualified as Labour Party gubernatorial candidate on the allegations that he was not qualified to have participated 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.
