A Federal High Court in Abuja has been asked to disqualify the candidate of the All Progressives Congress (APC), Ahmed Usman Ododo from contesting the forthcoming governorship election in Kogi State, North Central Nigeria.
The request by a plaintiff, Abubakar Achimugu who is an aggrieved governorship aspirant under the platform of the APC was predicated on the grounds that, Ododo is not qualified to fly the flag of the APC in the November 11, 2023 governorship poll, having failed to resign his employment with the Kogi State public service before contesting the governorship primary, which he won.
The plaintiff, in the suit, is claiming 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 in the suit filed on his behalf by his lawyer, Mr Josiah Daniel-Ebune, is claiming that Ododo’s failure to resign his appointment with the Kogi State Government, 30 days before 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) are 1st, 2nd, 3rd and 4th respondents respectively.
Amongst the issues brought before the court for determination is whether the 2nd defendant is eligible to participate in the forthcoming governorship election slated for November 11, 2023, in view of the fact that both at the time of submitting of nomination and expression of interest forms and the conduct and declaration of primary election results Ododo and Deedat remained civil/ public servants and employees of Kogi State Government, contrary to the provisions of the Electoral Act, 2022 Guidelines for the nomination of candidates.
If the answer is in the affirmative, the plaintiff wants the court to amongst others declare that the 2nd and 3rd defendants are not qualified or eligible to have participated in the primary election being persons both employed in public service of Kogi State, they failed and neglected to resign, withdraw or retire from employment at least 30 days to April 14, 2023, when the primary election was conducted.
They are also asking the court to declare that the 2nd and 3rd defendants at the time of the concluded primary election of April 14, 2023, and April 15 when results were announced were not qualified or eligible, not validly nominated, and the purported nomination is unconstitutional, not eligible to bear the flag of the APC, as its gubernatorial candidate for Kogi State governorship election slated for November 11, 2023.
Another declaration “That the 2nd defendant is not eligible or qualified to contest for the office of Kogi State Governor, in the November 11, poll, being a person employed in the public service of Kogi State and failed to resign 30 days to the primary election.
The plaintiff is among others prayed the court to make an order nullifying and setting aside the screening and participation of the second and third defendants in the April 14, gubernatorial primary election for the nomination of the candidate of APC, having been in breach of Section 182 of the Constitution and the Electoral Act, 2022, Article 7 of the APC Constitution.
Another order disqualified the 2nd defendant from contesting the office of Kogi State governor on November 11, 2023.
At Tuesday’s proceedings before Justice Obiora Egwatu, the plaintiff’s counsel, Daniel-Ebune, informed the court of an application dated and filed May 12, wherein it is seeking leave of the Court to amend the Originating Summons.
The request which was not opposed to by lawyers representing the 1st, 2nd and 3rd defendants was granted.
While the first defendant, APC was represented by Mr Abdulwahab Mohammed, SAN, Ododo and Deedat were represented by Musa Abdullahi, SAN.
However, INEC was not represented, despite being served with the court processes.
Subsequently, Justice Egwatu, adjourned till June 14, for a hearing just as he ordered the plaintiff to serve INEC with the hearing notice.
Dominica Nwabufo
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