A Federal High Court in Abuja Tuesday presided over by Justice Obiora Egwuatu has reserved judgement to July 22nd, 2024 to the candidacy battle in the Labour party Governorship suit between the party’s candidate, Olumide Akpata and Barrister Kenneth Imansuangbon.
Recall that another Federal High Court which sat in Benin on the 11th of June had also fixed July 19th to deliver judgment on the LP governorship primaries. The plaintiff had alleged that candidate did not follow the electoral guidelines in the primaries and that he (Olumide) did not fill and sign the indemnity form among other grounds.
At the resumption of hearing in Abuja on Tuesday before Justice Egwuatu, counsels to both the plaintiff and the defendant written addresses were adopted after a three hours’ intensive legal crossfire by the party’s legal representatives.
Counsels to Ken Imansuangbon, A. A. Malik (SAN), led other nine counsels pleading the Federal High Court to declare the plaintiff as the winner of the LP primaries noting that the defendant violated the electoral act and INEC guideline and therefore not qualified to stand as the LP governorship candidate.
Malik hinged his plea on the allegation that Olumide gave false information to the acquisition of citizenship of another country which he submitted noting that is a grand departure from the Nigeria Constitution accepted norms.
He argued that Akpata while filling INEC form EC 9 “stated his name to be Akpata Olumide Anthony which is different from and not the same as Akpata Olumide Osaigbovo” which he earlier stated on oath to be his name and under which he contested and reportedly won the primary election of the LP.
Imansuangbon counsels wanted the court to determine whether Akpata “has not supplied or otherwise given false information to the INEC within the meaning or contemplation of the provisions of section 29(5) of the Electoral Act 2022 read together with section 182(1) (a) and (j) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).”
On the discrepancy surrounding the choice of running mate to Olumide, Malik argued that Alufokhai Oluyinka Faith’s withdrawal has further exposed her and shouldn’t have bothered coming to court adding that “INEC does not have her record of substitution as far as INEC is concerned Olumide Akpata does not have a valid substitution as required by INEC and the electoral act”.
“Therefore Olumide must carry the baggage and therefore be disqualified by section 29 of the electoral act and Imansuangbon should be declared as the winner”
While counsel to the defendant, J.J Usman (SAN) asked the court to dismissed the applications of the plaintiff for lack of merit argued that the issue of name raised by the plaintiff Olumide should also be dismissed that noted that Akpata Olumide Anthony and Akpata Olumide Osaigbovo is the same person. Justice Ogwuatu subsequently fixed July 22nd for judgment
