A Federal High Court sitting in Abuja has dismissed the suit filed by former Senator, Smart Adeyemi, challenging the emergence of Ahmed Usman Ododo as the candidate of the All Progressives Congress for the November 11th governorship election in Kogi State.
The case was dismissed for lack of merit, as the Judge held that, Adeyemi could not prove his allegations.
Adeyemi had sought a nullification on account that Ododo was not validly nominated.
In suit number FHC/ABJ/CS/556/23, Senator Adeyemi sought a declaration that the failure of the APC to conduct a valid direct primary in the 21 local governments of the state was a violation of Section 117(c ) of the 1999 Constitution, section 29 (1) and 84(4) of the Electoral Act 2022 and Article 20(4) of the APC Constitution.
He also sought an order compelling the Independent National Electoral Commission (INEC) to refuse or reject the nomination of the said Ododo, and an order of the court to compel the APC to conduct a fresh primary, giving all aspirants equal opportunity as prescribed by the Electoral Act 2022.
His counsel, Adekunle Oladapo Otitoju based his argument on the following submissions: “Having regard to the combined provisions of the law, Section 177(c) of the 1999 Constitution as amended, Section 29(1) and 84 (4) of the Electoral Act, Article 20 (4) of APC Constitution as amended, whether it is legally permissible for the 1st respondent (APC) to sponsor the 3rd Respondent (Ahmed Usman Ododo) as its candidate for 2023 gubernatorial election;
“Having regards to the combined provisions of Section 177 of the 1999 Constitution as amended, Section 29(1) and 84(4) of the Electoral Act, Article 20(4) of APC Constitution as amended, as well as the facts and circumstances of this case, whether it is reasonable to hold that a valid direct primary election was conducted for aspirants of the APC for the gubernatorial election in Kogi state.
“Having regards to the combined effect of the provision of Section 177(c) of the 1999 Constitution as amended, Section 29(1) and 84(4) of the Electoral Act, and the decision of the Supreme Court in Jegede & Onor V. INEC & Ors and considering the facts and circumstance of this case. Whether the 2nd Respondent (INEC) can accept the nomination of the 3rd Respondent (Ahmed Usman Ododo), without validly conducted primary election for aspirant of the APC Kogi State Gubernatorial Election.”
Counsel for Ahmed Usman Ododo, M.Y Abdullahi (SAN), who is leading a team of lawyers, in a written address already filed before the court, claimed that Ododo emerged from a primary of the APC, which he submitted, was conducted by the electoral committee in accordance with Electoral Act 2022, the APC Constitution and guidelines for the conduct of primary elections. The counsels claimed that: “After the conduct of the primary election, the applicant (Adeyemi) submitted a letter of appeal to the appointed APC Kogi State Primary Election Appeal Committee. The Appeal Committee, reached out to the applicant to appear before it to present his case, he failed to so appear, despite which fact, the Appeal Committee still considered his appeal on merit.
“Having conducted the entire process, including hearing the appeal of aggrieved aspirants from the primary election, the 1st respondent (APC) forwarded the name of the 3rd respondent (Ododo) to the second respondent (INEC), as its candidate for the Kogi gubernatorial elections, hence, the applicant, who is unable to take the democratic choice of his political party, has filed the instant originating summons, challenging the conduct of the primary election…”
