July 12, (THEWILL) – Senator Smart Adeyemi, on Wednesday, said he would approach the Court of Appeal, Abuja Division, to nullify the governorship primary election of the All Progressives Congress (APC), held in the state.
Adeyemi said he was dissatisfied with the judgement of the Federal High Court in Abuja, which affirmed the primary election that produced Ahmed Usman Ododo, as the candidate of the party for the November 11 governorship election in the state.
Justice James Omotosho of the Federal High Court, sitting in Abuja, on Wednesday, dismissed the suit filed by Adeyemi against the APC primary election in Kogi State
The plaintiff had in his suit marked: FHC/ABJ/CS/556/2023, sought the cancellation of the primary election, on the ground that it was not validly conducted and 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 for the governorship poll.
Adeyemi had argued 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 urged the court to declare the purported primary election invalid and to issue an order, compelling the Independent National Electoral Commission (INEC), not to recognise Ododo as the bonafide candidate of the party for the governorship election.
Adeyemi, 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.
But, in his judgement, Justice Omotosho held that the plaintiff did not by way of credible evidence, establish his allegation.
The court held that contrary to the plaintiff’s position, there was evidence that the primary election was validly held and monitored by INEC.
“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”, Justice Omotosho held.
The court held that Senator Adeyemi, after he lost in the election, lodged a complaint before an appeal Committee that was constituted by the APC and that evidence before it, showed that Adeyemi failed to appear before the Committee to prove his allegations.
Reacting to the judgement, Senator Adeyemi, through his counsel, said he would take the case to the appellate court, insisting that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties and that, there were inconsistencies in the report that INEC tendered an affidavit that the APC deposed.
