Edo poll: A’court throws out Imansuangbon’s suit seeking Akpata’s disqualification
The Court of Appeal sitting 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 maintained that the suit instituted by a governorship aspirant, 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 did not fully explore the 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 could not 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 the claim of Imasuangbon that he was not given official results by the Labour Party cannot hold water because he had his agent at the primary election.
The court said the appellant did not call as a 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.
