The Federal High Court sitting in Abuja has affirmed the primary election that produced Ahmed Ododo as Kogi State All Progressives Congress’ (APC) governorship candidate for the November off-season election.
Justice James Omotosho, in his judgment, yesterday, held that the applicant, Sen. Smart Adeyemi, did not prove the allegation that the party did not lawfully nominate Ododo.
Responding to the judgment, Adeyemi said he would approach the Court of Appeal in Abuja to nullify the APC governorship primary in the state.
Adeyemi, who represented Kogi West in the Senate, said he was dissatisfied with the judgment, which affirmed the primary that produced Ododo.
The plaintiff had in his suit, FHC/ABJ/CS/556/2023, sought cancellation of the primary on the premise that it was not validly conducted. He prayed the court to declare as illegal, unlawful and invalid the direct primary election reportedly conducted by the APC, through which Ododo emerged.
The senator told the court that Governor Yahaya Bello handpicked Ododo as the party’s flag-bearer in gross violation of Sections 177 of the 1999 Constitution, Section 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of APC.
He, therefore, urged the court to declare the primary as invalid and to issue an order compelling the Independent National Electoral Commission (INEC) not to recognise Ododo as the bona fide candidate of the party for the governorship election.
Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr. Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary, where all aspirants would be given equal opportunity as prescribed by the Electoral Act.
Meanwhile, in his judgment, Justice Omotosho 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 INEC.
Consequently, it dismissed the suit as lacking in merit.
But Adeyemi, through his counsel, said he would take the case to the appellate court.
He insisted that the trial court failed to properly evaluate the evidence placed before it by the parties, adding that there were inconsistencies in the report tendered by INEC and affidavit deposed by APC.
While Adeyemi alleged that whereas INEC claimed that Option A4 was adopted for the primary it monitored, the APC told the court that the election was through secret ballot.
He further claimed that Governor Bello Matawalle of Zamfara State, who was supposed to preside over and announced the winner of the primary, left Kogi in annoyance to dissociate himself from the outcome of what they described as “shambolic primary election.”
Adeyemi prayed the court to nullify the primary election and order APC to conduct a fresh one.
