Olumide Akpata's candidacy as the Labour Party's nominee for the September 21 governorship election in Edo State was upheld by Justice James Omotosho of the Federal High Court in Abuja, who dismissed a suit seeking to void it. This ruling has significant implications for the upcoming election and underscores the importance of internal party democracy.
It was Anderson Asemota, Monday Mawah, the deputy governorship candidate, and Apapa Lamidi who was named as the acting national chairman of the Labour Party that filed for the case.
The defendants in the case were the Independent National Electoral Commission (INEC), Olumide Akpata, and the Labour Party itself.
Justice Omotosho upheld the arguments presented by Olumide Akpata lawyer, Johnson Usman (SAN), who contended that the plaintiffs lacked the legal standing (locus standi) to file the suit.
The judge pointed out that the plaintiffs did not participate in the February 23, 2024 primary election that resulted in the emergence of Olumide Akpata as the Labour Party’s governorship candidate for the forthcoming gubernatorial elections.
This lack of direct involvement in the primary election was a critical factor in determining their inability to bring the lawsuit.
Moreover, Justice Omotosho ruled that the matter pertained to the internal affairs of a political party, specifically the nomination of its candidates.
He emphasized that the authority to nominate candidates lies within the party itself, not the judiciary, and consequently, the court lacked the jurisdiction to adjudicate the suit.
Even if the court had assumed jurisdiction, the judge asserted that the suit was devoid of merit.
A significant part of Justice Omotosho’s judgment was the reference to a decision by the Court of Appeal, which nullified previous orders made by a high court of the Federal Capital Territory (FCT).
These orders had restrained the Julius Abure-led leadership of the Labour Party, under which Akpata’s candidacy was validated.
The judge clarified that this nullification rendered any actions taken by Lamidi Apapa and his associates, including their endorsement of Asemota as a candidate, null and void.
You May Also Like
Justice Omotosho concluded that Asemota could not be deemed a legitimate candidate since he did not emerge from a valid primary election. Consequently, any claim that his name should be recognized by INEC as the Labour Party’s candidate for the Edo governorship election was baseless.
The judge stated, “This means that the third plaintiff (Apapa) and those acting with him had all their decisions immediately nullified.
“So, any letter written by these acting executives, or any decisions including the so-called consensus primary election that produced the first plaintiff (Asemota) are all null and void.
“It is a basic principle of law that you cannot build something on nothing and expect it to stand.
“The entire basis of the plaintiffs’ claim has been thoroughly dismantled by the Court of Appeal’s decision.
“The argument that the high court of the FCT’s decision was valid when the primary election was conducted might hold some truth, especially if the Court of Appeal hadn’t given its judgment.
“However, the judgment destroys this argument and ensures that the first plaintiff cannot be considered a candidate from a valid primary election for all intents and purposes.
“Therefore, the first plaintiff cannot claim that his name should be accepted by the first defendant as the candidate of the third defendant for the 2024 Edo State governorship elections,” Justice Omotosho said.
The plaintiffs had sought an order from the court directing INEC to publish Asemota’s name as the winner of the Labour Party’s primary election.
They argued that Asemota was the consensus candidate and the rightful winner of the February 22 primary, conducted under the supervision of the primary election committee set up by the party’s national working committee (NWC) under Apapa’s leadership.
However, Justice Omotosho’s ruling firmly established that Akpata’s nomination as the Labour Party’s governorship candidate was legitimate and that the plaintiffs had no grounds to challenge it.
The decision underscores the importance of internal party democracy and the judiciary’s reluctance to interfere in the internal matters of political parties unless there is a clear legal basis for such intervention.
As it stands, Olumide Akpata remains the Labour Party’s candidate for the upcoming Edo State governorship election, bolstering his campaign and solidifying his position within the party.
The judgment serves as a reminder of the legal complexities surrounding political nominations and the critical role of the courts in upholding the rule of law.
In the run-up to the election, this decision is expected to have significant implications for the Labour Party and its candidates. With Akpata’s candidacy now validated, the party can focus on its campaign and prepare for the September 21 election.
The ruling also sets a precedent for future disputes related to political nominations, emphasizing the importance of internal party democracy and the limits of judicial intervention.
In conclusion, the Federal High Court’s decision to dismiss the suit seeking to sack Olumide Akpata as the Labour Party’s governorship candidate in Edo State is a significant development in the state’s political landscape. The ruling upholds the principles of internal party democracy and the rule of law, providing clarity and certainty for the upcoming election.
As the political landscape continues to evolve, this decision will undoubtedly have far-reaching implications for the Labour Party, its candidates, and the democratic process in Nigeria.
