By Amos Aar
THE Makurdi division of the Federal High Court presided over by Justice Abdul Dogo on Tuesday struck out the suit filed by Engr Ben Akaakar challenging the primaries of the Labour Party (LP) that produced Hon. Iorwase Herman Hembe as its governorship candidate.
Engr Akaakar filed the matter on the 22nd June, 2022 against Herman Iorwase Hembe on the grounds that until on 9th June, 2022, Hembe was an aspirant on both the platforms of the All Progressives Congress (APC) and Labour Party and that the Labour Party, which is the 2nd defendant in the suit, purportedly announced him as winner of the gubernatorial primaries of the party.
Akaakar therefore pleaded with the court to disqualify Hembe on the ground that he cannot be contesting the same position in different political parties at the same time.
Citing section 35 of the Electoral Act, the Judge defined double nomination to mean that one must be a candidate of a political party whose name is forwarded to INEC before one could say somebody got double nomination. That in APC, Hembe was not a candidate, he only participated but was not nominated according to the judgement.
In his judgement delivered via zoom, Justice Dogo held that the plaintiff failed to prove the allegation that the primary election was conducted by thugs and that results of the primary were falsified.
He further held that the plaintiff also failed to prove an allegation that only delegates brought by Herman Hembe were allowed access into the venue to vote.
According to Justice Dogo, the plaintiff had averred that there were security personnel at the venue of the primaries but failed to state the number of both the thugs and the security personnel to support his claim that the officers were actually overwhelmed by the thugs who allegedly hijacked the exercise in favour of Hembe.
The judge therefore held that the suit was based on mere allegation and hearsay which rendered the suit completely baseless. He therefore dismissed the case for lack of merit and awarded the sum N50,000 each in favour of the first and second defendants.
Justice Dogo also ordered the state Commissioner of Police to arrest, investigate and prosecute one Mr Dooior who swore to affidavit in favour of the plaintiff for alleged perjury.
Reacting to the verdict in an interview with our correspondent in Makurdi shortly after the virtual judgement, counsel to the plaintiff, Stephen Akpehe Esq, said he would contact his client to know the next line of action.
“My Lord did not find merit in our own case. So, I will contact our client to know the next step to take,” Akpehe said.
