Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit challenging the nomination of Olumide Akpata as the Labour Party’s candidate for the upcoming September 21 governorship election in Edo State. The suit was filed by Anderson Asemota, Monday Mawah, and Lamidi Apapa, who was listed as the acting national chairman of the Labour Party. The defendants in the case were the Independent National Electoral Commission (INEC), Olumide Akpata, and the Labour Party.
In his judgement, Justice Omotosho ruled that the plaintiffs lacked the legal standing to bring the suit. Akpata’s lawyer, Johnson Usman, SAN, successfully argued that the plaintiffs did not have the legal right to challenge Akpata’s nomination since they did not participate in the party’s primary election held on February 23, 2024.
Justice Omotosho emphasized that issues concerning the nomination of a party candidate are internal matters of the political party. He stated that it is up to the party to decide who its candidate will be, and as such, the court does not have the jurisdiction to hear the case. Moreover, even if the court had assumed jurisdiction, the judge noted that the suit lacked merit.
The judge also referenced the decision of the Court of Appeal, which nullified the orders of a high court in the Federal Capital Territory (FCT) that had earlier restrained Julius Abure’s leadership of the Labour Party. This decision invalidated any actions or decisions taken by Lamidi Apapa and his group, including the consensus primary election that purportedly produced Anderson Asemota as a candidate.
Justice Omotosho remarked, “This means that the third plaintiff (Apapa) and those who were in acting capacity with him immediately had all their decisions nullified and non-existent. Thus, any letter written by the said acting executives, or any decisions including the purported consensus primary election which produced the 1st plaintiff (Asemota) are all non-existent, void and of no effect whatsoever.”
He further explained that the legal principle dictates that a claim cannot stand on a foundation that has been invalidated. The judge noted, “The entire foundation upon which the plaintiffs’ claim rests has been thoroughly demolished by the decision of the Court of Appeal.”
The plaintiffs had argued that the FCT high court’s order was valid at the time the primary election was conducted, but Justice Omotosho clarified that the Court of Appeal’s subsequent judgement negated this claim. He concluded that Anderson Asemota could not be considered a valid candidate, as the primary election under Apapa’s leadership was rendered invalid.
Justice Omotosho dismissed the plaintiffs’ plea for the court to direct INEC to recognize Asemota as the Labour Party’s governorship candidate for Edo State. He highlighted that Asemota’s purported emergence from an invalid primary election meant he could not be accepted as a legitimate candidate.
In summary, the Federal High Court’s decision underscores the importance of internal party processes and the limited role of the judiciary in intervening in party nominations. The ruling affirms Olumide Akpata’s candidacy for the Labour Party in the forthcoming Edo State governorship election, providing a significant precedent on the handling of internal party disputes.
