Court dismisses Smart Adeyemi’s suit seeking nullification of Kogi APC guber primary

A federal high court in Abuja has dismissed a suit seeking the cancellation of the All Progressives Congress (APC) governorship primary election in Kogi state.

Ahmed Ododo, a former local government auditor-general in the state, was declared winner of the primary.

Ododo scored 78, 704 votes to beat six other contestants.

Salami Momodu got 1,506 votes, Abubakar Yahaya-Ashemogu secured 1,159 and Abubakar-Audu polled 763.

Stephen Ocheni garnered 552 votes, Sanusi Ohiare had 424, and Smart Adeyemi got 311 votes.

In the suits marked: FHC/ABJ/CS/556/2023 Adeyemi, the former senator who represented Kogi west, asked the court to invalidate the APC primary election.

He alleged that Ododo’s election was in violation of section 177 of the 1999 constitution and sections 29 and 84 of the electoral act, as well as article 20 of the APC’s constitution.

He also asked the court for an order compelling the Independent National Electoral Commission (INEC) to reject and refuse to recognise Ododo as APC governorship candidate.

In addition, Adeyemi prayed for an order compelling APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the electoral act 2022.

Delivering judgement on Wednesday, James Omotosho, presiding judge, held that the suit lacked merit.

Omotosho said the plaintiff failed to adduce credible evidence to prove his allegations.

‘THERE IS ENOUGH PROOF’

The judge said: “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 noted that Adeyemi failed to appear before the party’s appeal committee, despite lodging a complaint after the primary poll.

“In the final analysis, this court will not allow the wish of a few persons to truncate the wish of the majority,” Omotosho said.

“Consequently, this case is hereby dismissed as lacking in merit.”

Reacting to the judgement, Adeyemi, through his lawyers, said he will appeal the court’s verdict.