The Federal High Court in Abuja has upheld the nomination of Ahmed Ododo as the All Progressives Congress (APC) candidate for the Kogi State off-season governorship election expected to hold on November 11, 2023.
Justice Obiora Egwuatu on Tuesday held that Mr. Ododo can lawfully continue to fly the flag of the All Progressives Congress (APC) in the forthcoming governorship election in Kogi State.
The court made the decision while delivering judgment in a suit seeking his disqualification over alleged breach of the electoral laws.
Ododo had emerged winner of the APC primary election of 14th April for the selection of the party’s candidate in the November 11 governorship election in Kogi State.
However, displeased over his emergence, an aspirant of the APC, Mr Abubakar Achimugu, approached the Federal High Court, Abuja, asking that Ododo be disqualified from contesting the November 11 governorship election on the grounds that he did not resign his employment with the Kogi State Public Service 30 days before contesting the governorship primary.
The court in a judgement, held that contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary.
According to Justice Egwuatu, exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi State governor on March 8, that of the 3rd defendant, Mr Salami Deedat, was received on March 9.
The court, while noting that an employee or appointee’s resignation letter comes into effect the moment the notice is received, held that the employee would not be held responsible if the employer neglected to act on it either by continuing with the payment of salary.
“I am satisfied that they resigned their appointment on March 8 and 9, more than 30 days before the April 14 primary…the suit is bereft of any merit and accordingly dismissed,” the court declared.
READ MORE: Kogi 2023: Court Asked to Disqualify APC’s Guber Candidate, Ododo
Earlier, the court dismissed the preliminary objection of the defendants, claiming that the suit was statute barred, having been filed more than 14 days as required by law.
The judge agreed with the plaintiff that the cause of action actually occurred on April 14, when Ododo and Deedat contested the primary and not when they purchased the expression of interest and nomination form.
“It is one thing to purchase form and it is another thing to participate in an election,” Egwuatu held.
The plaintiff in the suit, claimed that Ododo breached Section 182 of the Constitution, Section 84 of the Electoral Act, 2022, and Article 7 of the APC’s Constitution in participating in the April 14 governorship primary of the APC.
Achimugu argued that Ododo’s failure to resign his appointment with the Kogi State Government, 30 days to the primary, made him ineligible for the November 11, guber poll.
The APC; Ododo; the deputy governorship candidate, Salami Momodu Deedat; and the Independent National Electoral Commission (INEC) were 1st, 2nd, 3rd and 4th respondents respectively.
Speaking in an interview, counsel to the plaintiff, Mr. Josiah Daniel, said he will consult with his client (Achimugu) on the next line of action.
READ ALSO: Kogi Guber Election: Court Dismisses Sen. Adeyemi’s Case Against Ododo
It would be recalled that a Federal High Court in Abuja had on Wednesday, 12 July, dismissed a suit instituted by a governorship aspirant on the platform of the All Progressives Congress (APC), Senator Smart Adeyemi against the emergence of Usman Ododo as candidate of the party in Kogi State, North-central Nigeria.
