Court dismisses suit seeking to sack Akpata as LP governorship candidate

A Federal High Court in Abuja has dismissed a suit seeking to void the nomination of Olumide Akpata as the candidate of the Labour Party (LP) in the September 21 governorship election in Edo State.

In a judgment yesterday, Justice James Omotosho upheld the arguments by Akpata’s lawyer, Johnson Usman (SAN) that the plaintiffs were without the locus standi (the legal right) to institute the suit.

The suit was filed by Anderson Asemota, a factional governorship candidate of LP; Monday Mawah, a deputy governorship candidate and Alhaji Lamidi Apapa, listed as acting national chairman of LP.

Listed as defendants are the Independent National Electoral Commission (INEC), Akpata and LP.

Justice Omotosho held that the plaintiffs lacked the locus standi to have approached the court on the issue because they did not participate in the February 23 primary of the LP from which Akpata emerged as the party’s candidate.

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The judge also found that the issue was about the nomination of candidate, which forms part of the internal affairs of a political party.

He held that it is the party that determines who its candidate is and proceeded to hold that the court lacked the jurisdiction to hear the suit.

The judge further held that even if the court was to assume jurisdiction, the suit itself lacked merit.

Justice Omotosho noted that contrary to the plaintiffs’ arguments, the Court of Appeal nullified the orders made by a High Court of the Federal Capital Territory (FCT), including the order restraining Julius Abure-led leadership of the party.

The judge added: “This means the 3rd   plaintiff (Apapa) and those who were in acting capacity with him immediately had all their decisions nullified and non-existent. “

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