Appeal Court upholds election of Kogi APC governorship candidate

The Court of Appeal in Abuja on Friday dismissed an appeal brought before it by Senator Smart Adeyemi, seeking to nullify the governorship primary election of the All Progressives Congress (APC) in Kogi State.

The election produced Ahmed Usman Ododo as the party’s flagbearer for the November 11 governorship poll.

The court held that the appeal argued Adeyemi’s counsel, Adekunle Oladapo Otitoju was completely bereft of merit and was thrown out.

In a unanimous judgment, the three-man panel of justices said that the complainant had failed to prove the claims he made with regards to the APC primary election.

Justice Mohammed Lawal Shuaib, who delivered the judgment, resolved all three issues in dispute against Adeyemi.

Shuaib said the allegations of manipulation and falsification of the primary election results made by Adeyemi, being criminal, ought to have been proved beyond reasonable doubt as required by law.

He also dismissed another allegation by the appellant that he was denied fair hearing by the party’s Appeal Committee.

The judge said the issue of denial of fair hearing was not raised in the originating summon at the Federal High Court, hence, cannot be raised as a fresh issue at the Court of Appeal.

In the absence of cogent and verifiable evidence on the part of Adeyemi, the Court of Appeal held that his allegations remained mere assertions that could not enjoy any probative value.

Justice Shuaib proceeded to dismiss the appeal for want of merit.

The Court upheld the judgment of Justice James Omotosho of the Federal High Court in Abuja delivered on July 12, which held that Adeyemi did not prove that Ododo was not lawfully nominated by the APC.