Onazena Abbey, Benin-City
The Federal High Court, sitting in Benin, Edo State, has declared Hon. Peter Akpatason, as the duly elected All Progressives Congress (APC) candidate for Akoko Edo federal constituency .
Consequently, the court, presided over by Justice Muktar Garuba Umar, struck out the petition filed by the speaker of the Edo House of Assembly, Mr. Kabiru Adjoto, challenging the candidature of Akpatason
Adjoto had approached the court over alleged unlawful substitution of his name haven scored the highest votes cast at the party’s primaries held on October 6, 2018
Justice Muktar struck out the petition on the ground that the petitioner did not exhaust all the internal administrative channels of redress of the party before heading to court.
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The court equally awarded N50,000 against the Plaintiff as cost for damages.
Counsel to the Plaintiff, Dele Igbinedion said the judgment will not stand at the Appeal Court , adding that the presiding judge only determined the issue raised only on the basis of jurisdiction and not on merit.
Igbinedion also queried the constitutional provision of 14 days time limit for which an aggrieved member can approach both the appeal panel and the higher appeal panel of the party before going to court.
“Constitution came in as a higher power to streamline the provisions of the constitution of the party,”
On his part, counsel to the first Defendant, Peter Akpatason , Omo-Igie Adebayo said the judgement was long awaited in favour of Akpatason, stressing that jurisdiction was the threshood in any matter .
Responding to the judgment, Adjoto said he was not satisfied with the out come of the judgment ” I will ventilate my anger at the Appeal court,”
Also, Mr. Peter Akpatason said the victory was that of the party and will further give party members the opportunity to focus on the elections and ensure that the party wins.
“We want to extend olive branch to every party members and use this opportunity to bring party members together,”