By Kamil Opeyemi
A 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 the nullification of the Governorship Primary Election of the All Progressives Congress, APC, held in the state on the ground that it was not validly conducted.
Delivering judgment in the suit marked FHC/CS/556/2023, Justice James Omotosho held that Adeyemi’s allegations were criminal in nature, as he alleged that elections did not hold and that the produced results were forged.
He said the plaintiff needed to prove the allegations of forgery, falsification of results
beyond reasonable doubts.
The court noted that the burden of proof was on the applicant to produce the forged result or the original and the forged results to discharge the burden, adding that failure to discharge the burden was fatal to the case of the applicant.
The court held that contrary to the position of the plaintiff, there was evidence that the primary election was validly held and monitored by 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.
The judge held that Adeyemi failed to discharge the burden of proof that was placed on him by the law.
“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 judge said that Adeyemi had lodged a complaint after he lost the election before an appeal committee that was constituted by the APC.
The court held that the 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, the judge dismissed the suit as lacking in merit.
Speaking to newsmen through his counsel, Mr Adekunle Ottitoju, the former lawmaker said he was dissatisfied with the judgement of the Federal High Court in Abuja which dismissed his case adding that he would approach the Court of Appeal to challenge the judgment of the Federal High Court.
Senator Adeyemi had 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.
He told the court that 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 primary election as invalid and to issue an order, compelling the Independent National Electoral Commission, INEC, not to recognise Ododo as the bonafide candidate of the party for the governorship election.
He is also praying for an order that the APC, conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022.
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.
The former lawmaker had in a 35-paragraph affidavit he filed in support of his originating summons, told the court that he obtained nomination and expression of interest forms from the party at the cost of ₦50 million, following which he was screened and cleared to participate in the primary election that was slated for April 14, 2023.