Kenneth Imasuagbon, a governorship aspirant for the Labour Party (LP) in Edo State, has filed an appeal against the Federal High Court’s decision to dismiss his suit challenging the candidacy of Olumide Akpata for the upcoming September 21 governorship election.
On July 15, the Federal High Court in Benin, presided over by Justice Babatunde Quadri, ruled that the court lacked jurisdiction to entertain Imasuagbon’s suit. Justice Quadri stated that Imasuagbon had not exhausted the Labour Party’s internal dispute resolution mechanisms before seeking legal action, rendering the lawsuit premature.
Imasuagbon, dissatisfied with this outcome, has now approached the Court of Appeal in Benin to overturn the decision that affirmed Akpata’s candidacy. The appeal lists Akpata, the Labour Party, and the Independent National Electoral Commission (INEC) as respondents.
In his notice of appeal, Imasuagbon argued that the trial judge erred in law, leading to a miscarriage of justice. He contended that Justice Quadri incorrectly deemed the suit statute-barred without properly considering Section 285(13A) of the Nigerian Constitution (1999, fifth alteration act, No. 10, 2023).
Imasuagbon highlighted that his suit was filed 18 days after the submission of INEC Form EC9 by Akpata and the Labour Party, beyond the 14-day period stipulated by law.
Imasuagbon is seeking the Court of Appeal to set aside the lower court’s decision and order INEC to issue a Certificate of Return to him as the rightful winner of the Labour Party primary held on February 23, 2024.
