Kogi APC Gov Primary: Court Dismisses Smart Adeyemi’s Suit Against Ododo…
Written by City Radio on July 12, 2023
The Federal High Court in Abuja has dismissed the suit filed by Senator Smart Adeyemi challenging the primary election that produced Ahmed Ododo as the candidate of the All Progressive Congress for the Kogi State Governorship Election scheduled for November 2023.
Senator Adeyemi, a former lawmaker representing Kogi West Senatorial District had approached the Federal High Court seeking to nullify the Governorship Primary Election of the All Progressives Congress, APC, held in the state on the ground that it was not validly conducted.
However, delivering Judgement, Justice James Omotosho, held that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.
Justice Omotosho further 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 also held that the allegations the plaintiff raised in the suit were criminal in nature and therefore ought to be proved beyond reasonable doubt.
Justice Omotosho held that the plaintiff failed to discharge the burden of proof that was placed on him by the law.
Reacting to the judgement, Senator Adeyemi, through his counsel, says he will appeal the judgement.