12th July, 2023
The Federal High Court in Abuja has dismissed Senator Smart Adeyemi’s suit contesting the primary poll that produced Ahmed Ododo as the All Progressive Congress candidate for the Kogi State Governorship poll planned for November 2023.
Senator Adeyemi, a former lawmaker from Kogi West Senatorial District, had petitioned the Federal High Court to declare the All Progressives Congress, APC, Governorship Primary Election held in the state invalid.
However, in his decision, Justice James Omotosho found that Adeyemi had failed to prove his claim that Ododo was not properly nominated by the APC.
Justice Omotosho further ruled that the plaintiff failed to provide reliable evidence to support his claim.
The court ruled that, contrary to the plaintiff’s contention, there was evidence that the primary election was lawfully held and monitored by the Independent National Electoral Commission, INEC.
It also ruled that the claims made by the plaintiff in the suit were criminal in character and so had to be proven beyond a reasonable doubt.
Justice Omotosho ruled that the plaintiff failed to meet the legal burden of proof.
Senator Adeyemi, through his counsel, said he will challenge the decision.
Senator Adeyemi had asked the court to declare the supposed APC direct primary election, in which Ododo emerged as a candidate, unconstitutional, illegitimate, and void.
He told the court that Ododo was chosen as the party’s flag-bearer by the state’s outgoing governor, Yahaya Bello, in flagrant contravention of Section 177 of the 1999 Constitution, Sections 29 and 84 of the Electoral Act, and Article 20 of the APC Constitution.
As a result, he sought the court to declare the primary election unconstitutional and to issue an order ordering the Independent National Electoral Commission, INEC, not to acknowledge Ododo as the party’s legitimate governorship candidate.
He is also requesting that the APC hold a new primary election and provide all contestants an equal opportunity, as required by the Electoral Act of 2022.
Adeyemi said that while INEC claimed that option A4 mode was used for the primary election it was monitoring, the APC told the court that the election was by secret ballot.
In a 35-paragraph affidavit filed in support of his originating summons, the former lawmaker told the court that he obtained nomination and expression of interest forms from the party for $50 million, after which he was screened and cleared to participate in the April 14, 2023 primary election.