A Federal High Court in Abuja has dismissed a suit instituted by a governorship aspirant on the platform of the All Progressives Congress (APC), Senator Smart Adeyemi, against the emergence of Ahmed Usman Ododo as the party’s candidate in the upcoming off-season guber election in Kogi State, North-central Nigeria.
In a judgement delivered on Wednesday, Justice James Omotosho held that the suit was lacking in merit to warrant granting requests made against Ododo and the APC.
Justice Omotosho held that the plaintiff did not, by way of credible evidence, establish his allegation.
The court held that contrary to the position of the plaintiff, there was evidence that the primary election was validly held and monitored by the Independent National Electoral Commission (INEC).
It held that allegations which the plaintiff raised in the suit were criminal in nature and, therefore, ought to be proved beyond every reasonable doubt.
Justice Omotosho held that the plaintiff failed to discharge the burden of proof that was placed on him by the law.
“There is enough proof before this court to show that indeed a direct primary election of the APC held in Kogi State on April 14,” the court held, adding that “Senator Adeyemi had, after he lost in the election, lodged a complaint before an appeal committee that was constituted by the APC.”
The court held that evidence before it showed that Adeyemi failed to appear before the committee to prove his allegations.
The court said it found no reason to invalidate the outcome of the primary election.
Counsel to Ododo, Friday Ekpa, expressed satisfaction with the judgment.
Adeyemi to Appeal Judgment
Meanwhile, Senator Smart Adeyemi has said that he would approach the Court of Appeal in Abuja to nullify the Governorship Primary Election, which the All Progressives Congress (APC) held in the State.
Adeyemi, through his team of lawyers led by Dr Adekunle Ottitoju, said he was dissatisfied with the judgement of the Federal High Court which affirmed the primary election that produced Ahmed Ododo as candidate of the party for the governorship election billed to hold in the State in November.
The plaintiff had in his suit sought the cancellation of the primary election on the premise that it was not validly conducted.
He prayed the court to declare as illegal, unlawful and invalid the purported direct primary election, said to have been conducted by the APC, through which Ododo emerged as a candidate.
Adeyemi told the court that Ododo was handpicked as flag-bearer of the party by the outgoing Governor of the State, Yahaya Bello, in gross violation of Section 177 of the 1999 Constitution, Section 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of the APC.
He, therefore, urged the court to declare the purported primary election as invalid and to issue an order, compelling the Independent National Electoral Commission (INEC) not to recognize Ododo as the bonafide candidate of the party for the governorship election.
Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022.
