Imasuen had emerged the winner of the primary election of the federal constituency supervised by INEC officials.
The winner of the Uhunmwode/Orhionmwon federal constituency primary election of the Labour Party, Murphy Imasuen has sued the party, former House of Assembly Speaker, Rt Hon. Uyinmwen Ativie and the Independent National Electoral Commission (INEC).
Imasuen filed the suit in the Federal High Court in Benin, accusing the defendants of refusing to publish his name for the 2023 general election after winning the party’s primary election.
Imasuen had emerged the winner of the primary election of the federal constituency supervised by INEC officials.
Rather than submit the name of the elected candidate, the name of Ativie who recently joined the party from the ruling All Progressives Congress was submitted to the electoral body by Labour Party leadership, led by its National Chairman, Barrister Julius Abure.
The action is against the provisions of Section 33 of the 2022 Electoral Act which states that a political party cannot remove or substitute a candidate that emerged from a valid primary.
Whereas Section 31 of the Electoral Act only allows for substitution when a candidate dies or when they withdraw from the race and inform INEC in writing.
The section reads: “A candidate may withdraw his or her candidature by notice in writing signed by him and delivered personally by the candidate to the political party that nominated him for the election and the political party shall convey such withdrawal to the commission not later than 90 days to the election.”
Documents seen by SaharaReporters also show that Ativie contested the APC primary election for the federal constituency but lost to Chief Billy Osawaru.
In a leaked audio obtained by SaharaReporters, the Labour Party National Chairman was heard pleading with Imasuen to forfeit the ticket to Ativie.
Abure promised the businessman juicy offers and promised that what he spent on his aspiration will be refunded.
Dissatisfied with the action, Imasuen approached the court to order INEC to remove Ativie’s name from “its list of candidates in the 2023 presidential election”.
In a suit marked FHC/B/CS/129/2022, the businessman seeks, among other prayers, the court’s pronouncement declaring him the Labour Party House of Representatives candidate of the constituency for the 2023 election.
“Whether by virtue of Section 31, 33 and 84 (5)(c)(ii) of the Electoral Act, 2022 (as amended). Article 27 of the 2nd Defendant’s of Constitution and the Electoral Guidelines issued by the 2nd Defendant for the conduct of her primaries for the 2023 General Elections and the outcome of the 2nd Defendant’s primary election conducted in Abudu, Orhionmwon/Uhunmwonde Federal Constituency on 13th July, 2022, the 2nd Defendant is not absolutely prohibited from substituting the Plaintiff’s name with the 1st Defendant’s name as 2nd Defendant’s candidate for the election of Member, House of Representatives, Orhionmwon/Uhunmwonde Federal Constituency at the National Assembly Election scheduled for the 25th of February, 2023.
“Whether by virtue of Section 31, 33 and 84 (5)(c)(ii) of the Electoral Act, 2022 (as amended). Article 27 of the 2nd Defendant’s of Constitution and the Electoral Guidelines issued by the 2nd Defendant for the conduct of the 2nd Defendant’s primaries for the 2023 General Elections and the outcome of the 2nd Defendant’s primary election conducted in Abudu, Orhionmwon/Uhunmwonde Federal Constituency on 13th July, 2022, the Plaintiff is not entitled to have his name entered in the 3rd Defendant’s records as the 2nd Defendant’s candidate for the election of Member, Orhionmwon/Uhunmwonde Federal Constituency at the National Assembly Election scheduled for the 25th of February, 2023.”
The reliefs sought by Imasuen include:
“A Declaration that any purported submission of the 1st Defendant’s name by the 2nd Defendant to the 3rd Defendant for the aforesaid Orhionmwon/Uhunmwonde Federal Constituency election scheduled for 25th February, 2023 is a flagrant violation of sections 35 and 84(5) (c)(i) & (ii) of the Electoral Act, 2022 (as amended) and consequently invalid, null and void and of no effect whatsoever.
“A Declaration that the Plaintiff who was selected as candidate at the 2nd Defendant’s aforesaid primary election held in Orhionmwon/Uhunmwonde Federal Constituency of Edo State on 13th July, 2022 remains in the eyes of the law the 2nd Defendant’s candidate for the said election scheduled for 25th February, 2023.
“A Declaration that the 3rd Defendant’s publication on Tuesday, the 20th of September, 2022 of the 1st Defendant’s name as the 2nd Defendant’s candidate for the Orhionmwon/Uhunmwonde Federal Constituency election scheduled for the 25th of February, 2022 is unlawful, wrongful, invalid, null and void and of no effect whatsoever.
“An order setting aside the aforesaid 3rd Defendant’s publication of the name of the 1st Defendant as the 2nd Defendant’s candidate for the Orhionmwon/Uhunmwonde Federal Constituency election.
“An order of perpetual injunction restraining the 3rd Defendant from recognizing the 1st Defendant or any other person other than Plaintiff as the 2nd Defendant’s candidate for election of member representing Orhionmwon/Uhunmwonde Federal Constituency at the election scheduled for 25th February, 2023.
“An order directing the 3rd Defendant to restore the Plaintiff’s name as the 2nd Defendant’s candidate for the Orhionmwon/Uhunmwonde Federal Constituency election scheduled for the 25th of February, 2023.”