Edo Labour Party Gubernatorial Candidate Akpata Avoids Court Disqualification Again

On Friday, the immediate past President of the Nigerian Bar Association (NBA) and Labour Party (LP) governorship candidate in Edo State, Olumide Anthony Akpata, narrowly avoided disqualification from the gubernatorial race by the Federal High Court in Abuja.

Justice Obiora Egwuatu dismissed a suit seeking Akpata’s disqualification from the September 21 gubernatorial election, citing the case as “incurably incompetent and lacking in merit.”

This marks the second dismissal of such a suit against Akpata’s governorship bid.In the judgment for the suit marked FHC/ABJ/CS/472/2024, Justice Egwuatu ruled that the case was filed outside the 14-day window prescribed by Section 285 of the 1999 Constitution.

The suit was filed by another Labour Party governorship aspirant, Kenneth Imansuangbon, who sought to nullify Akpata’s candidacy along with that of his running mate, Oluyinka Faith Alufohai, on various grounds.

Imansuangbon alleged that both Akpata and Alufohai supplied false information in their form EC9 to the Independent National Electoral Commission (INEC) to secure clearance for the election.Imansuangbon claimed Akpata used the names Olumide Anthony Akpata and Akpata Olumide Osaignovo interchangeably in documents submitted to the LP and INEC, arguing that these were different individuals.

He made similar claims about Alufohai, alleging discrepancies in the names used.The plaintiff asked the court to declare them ineligible and deceitful and to disqualify them from participating in the upcoming election. Additionally, Imansuangbon alleged that Akpata held dual citizenship with Vanuatu, contrary to Nigerian laws, and demanded N50 million as litigation costs.

Akpata denied all allegations in his counter-affidavit and requested the court dismiss the suit for being filed outside the legally permitted 14-day period for pre-election suits. Justice Egwuatu struck out processes filed by Alufohai for being submitted late.

In his ruling, Justice Egwuatu stated that the cause of action for Imansuangbon arose on March 24 when the Labour Party submitted the names of Akpata and his running mate to INEC. Imansuangbon filed the suit on April 12, 19 days after the cause of action arose, thereby making the suit statute-barred.Justice Egwuatu dismissed the suit, noting it could no longer be entertained by the court, and did not award costs to any party.