Appeal Court Maintains Judgement In Suit Challenging Nomination Of Kogi APC Gov Candidate

The Court of Appeal Abuja has reserved judgement in two appeals brought before it by the Governorship Aspirants of the All Progressives Congress in Kogi state, Abubakar Achimugu and Smart Adeyemi against a judgment of a Federal High Court Abuja which affirmed Usman Ododo as the APC flag bearer for the November 11 governorship election in the state.

The appeal was against the judgment of Justice Obiora Egwuatu and Justice James Omotosho, both of the Federal High Court, Abuja.

In their separate Judgements they had held that Ahmed Ododo can lawfully continue to fly the flag of the APC in the November 11, 2023 governorship election in Kogi State.

Achimugu had approached the Federal High Court with a suit seeking to disqualify Ododo from contesting the November 11 governorship election on grounds that he did not resign his employment with the Kogi State public service 30 days before contesting the governorship primary election.

A three-member panel of Justices of the appellate court presided over by Justice Muhammed Shuaibu, reserved the date for judgment in the appeal after the parties adopted their written addresses.

The panel also reserved judgement in the appeal by a former Senator representing Kogi West Senatorial District, Senator Smart Adeyemi.

Justice James Omotosho of the Federal High Court Abuja, had in a judgement delivered on July 12, held that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.

Dissatisfied with the judgement which affirmed the primary election that produced Ododo as candidate of the party, Adeyemi approached the appellate court to set aside the judgement.

He insisted that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties and that there were inconsistencies in the report tendered by INEC and the affidavit that the APC deposed to.