Kogi APC: Adeyemi heads to Appeal Court, seeks cancellation of primary election

By Vivian Okejeme, Abuja

A former Senator, who represented Kogi West Senatorial zone, Senator Smart Adeyemi, Wednesday, said he would approach the Court of Appeal in Abuja to nullify the governorship primary election the All Progressives Congress, APC, held in the state.
Justice James Omotosho had in a judgement he delivered on Wednesday, held that Adeyemi did not present credible evidence to prove his allegation that Ododo was not lawfully nominated by the APC.
Reacting, Adeyemi, through his counsel, Dapo Otitoju, said he is disagreed with the judgement of the Federal High Court in Abuja, which affirmed the primary election that produced Ahmed Usman Ododo as candidate of the party for the governorship election billed to hold in the state in November.
The plaintiff had in his suit marked: FHC/ABJ/CS/556/2023, sought the cancellation of the primary election on the premise that it was not validly conducted.
Specifically, he wants 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.
According to him, 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.
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 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 slow 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. Consequently, it dismissed the suit as lacking in merit.
However, reacting to the judgement, Senator Adeyemi, through his counsel, said he would take the case to the appellate court.