A former lawmaker representing Kogi West Senator Smart Adeyemi has vowed to approach the Court of Appeal to void the governorship primary election by the All Progressives Congress (APC) in Kogi State.
Adeyemi, said he was dissatisfied with the judgement given on Wednesday by a Federal High Court in Abuja, in which the court upheld the primary election that produced Ahmed Usman Ododo as the APC candidate in the Kogi State governorship election scheduled for November 11.
He insisted that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties, insisting that there were inconsistencies in the report that was tendered by the INEC and affidavit that was deposed by the APC.
Adeyemi alleged that, whereas INEC claimed that option A4 mode was adopted for the primary election it monitored, the APC, told the court that the election was through secret ballot.
In the judgment, Justice James Omotosho held, among others, that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.
Justice Omotosho held that the plaintiff (Adeyemi) did not supplied credible evidence to establish his allegation.
The judge noted that contrary to the plaintiff’s claim, there was evidence that the primary election was validly held and monitored by the Independent National Electoral Commission (INEC).
Justice Omotosho equally noted that allegations made by the plaintiff were criminal in nature and ought to be proved beyond every reasonable doubt.
He held that the plaintiff failed to discharge the burden of proof that was placed on him by the law.
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 t on April 14.”
He noted that Adeyemi participated in the primary election and Pon losing, lodged a complaint before the APC’s Appeal Committee, adding that evidence before the court showed that Adeyemi failed to appear before the committee to prove his allegations.
Justice Omotosho proceeded to hold that he found no reason to invalidate the outcome of the primary election. He then, dismissed the suit as lacking in merit.
Adeyemi had filed the suit, marked: FHC/ABJ/CS/556/2023 shortly after the primary election and prayed the court to the cancel the election on the grounds that it was not validly conducted.
He prayed 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.
Adeyemi claimed that Ododo was handpicked as the party’s candidate 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.
