By Nelson Utip
Kenneth Imasuangbon, a Labour Party gubernatorial aspirant in the last primaries has prayed the court to disqualify Olumide Akpata from the September 21 election.
In lawsuit No. FHC B/CS/26/2024, filed at the Benin division of the Federal High Court by his counsel A.A. Malik & Co, Imasuangbon declared that the LP which is the second defendant in the suit declared Olumide Akpata as the winner of the party’s primary election conducted on February 23, 2024 in error.
The aspirant filed another suit in the Abuja division of The Federal High Court where he pointed out that Akpata lied under oath and supplied false information to the Independent National Electoral Commission.
In the Abuja suit filed on April 12, 2024, Akpata the first defendant was joined in the suit by his running mate, Alufohai Faith, LP, and INEC as the second, third, and fourth defendants respectively.
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Like in the suit filed in Benin, Akpata was only joined by LP and INEC as the first, second, and third defendants.
To the Benin court, Imasuangbon posited that Akpata was not qualified to contest the primary because he violated the provisions of section 222(c) of the Nigeria constitution as well as Article 28 of the party’s guidelines for the conduct of the primary, adding that votes accruing to the first defendant in the primary be declared invalid.
Imasuangbon also listed nine issues for determination and 18 others for declaration by the court, asking the court to set aside the LP February 23 governorship primary in the Edo state.
He wants to court: “to determine if Akpata is qualified to have contested the primary having failed to sign or endorse the indemnity form issued to him by the second defendant.
“To determine if the votes garnered in the purported primary should not be voided and wasted in the face of outright disregard to the constitutional provisions of the country and that of the party.
The plaintiff in his declaration want the court to bar the INEC or any other agent from recognizing Akpata as the governorship candidate of the LP for the September 21 Edo governorship poll, calling for the withdrawal of the certificate of return issued by the second defendant to the first defendant as the purported winner of the said primary.
He asked for the sum of N20 million as the cost of the suit, while demanding for a fresh primary to be conducted not later than 30 days after the judgement of the court.
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Meanwhile, for the Abuja division of the suit, Imasuangbon accused Akpata of supplying false information to the INEC in their form EC9 where he gave his name as Akpata Olumide Osaigbovo instead of Akpata Olumide Anthony which according to him contravenes the provisions of section 29(5) of the 2022 electoral Act and also section 182(i), (a), and (j) of the 1999 constitution of the federal government of Nigeria as amended. On this premises,
he sought his disqualification from the September 21 governorship election in Edo State.
