In a recent judgment, the Federal High Court in Abuja dismissed a suit seeking to invalidate the nomination of Olumide Akpata as the Labour Party’s candidate for the Edo governorship election. Justice James Omotosho ruled in favor of Akpata, agreeing with arguments presented by his counsel, Johnson Usman, SAN.
The plaintiffs in the case, Anderson Asemota (factional governorship candidate), Monday Mawah (deputy governorship candidate), and Alhaji Lamidi Apapa (acting national chairman of LP), had filed the suit against the Independent National Electoral Commission (INEC), Olumide Akpata, and the Labour Party. They sought various orders, including mandating INEC to publish Asemota’s name as the winner of the LP governorship primary election in Edo.
However, Justice Omotosho dismissed the suit on several grounds:
1. Lack of jurisdiction: The court held that it lacked jurisdiction to entertain the suit, considering it an intra-party matter concerning the conduct of a political party’s primary and the nomination of a candidate.
2. Lack of merit: Even if the court assumed jurisdiction, Justice Omotosho found the suit lacked merit. He stated that the decisions of the Apapa-led leadership of the LP, under which the primary was conducted, had been nullified by the Court of Appeal. Therefore, any actions taken by that leadership, including the primary election that nominated Asemota, were deemed void and non-existent.
3. Judicial efficiency: The court emphasized the need to save judicial time, dismissing the suit to avoid prolonged legal proceedings.
This ruling effectively upholds Olumide Akpata’s candidacy as the Labour Party’s validly elected candidate for the upcoming Edo governorship election, scheduled for September 21. It also underscores the principle that intra-party disputes, especially those concerning party primaries, are generally not justiciable in regular courts unless they involve violations of fundamental rights or statutory provisions.
