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The Court of Appeal in Abuja ruled on Friday that the All Progressives Congress (APC) governorship primary poll in Kogi State, which produced Ahmed Usman Ododo as the party’s flagbearer for the November 11 election, was unlawful.
The objection had been made by senator Smart Adeyemi.
The appeals court determined that Adekunle Oladapo Otitoju’s defense of Senator Adeyemi’s position had no validity at all and should be disregarded.
A three-judge panel of the court’s justices unanimously concluded that Adeyemi had failed to establish any of the allegations made against the APC and its leaders over the conduct of the primary election. Adeyemi most recently served as the senator representing Kogi West.
Justice Mohammed Lawal Shuaib, who also delivered the lead judgment, arbitrated all three of the cases brought against Adeyemi.
Shuaib asserted that in line with the law, Adeyemi’s allegations of the fabrication and manipulation of the results of the primary election should have been established beyond a reasonable doubt.
Additionally, he rejected the appellant’s argument that his petition contesting purported irregularities in the primary election process was improperly dismissed by the APC Appeal Committee.
He argued that the matter of being denied a fair hearing cannot be raised once more before the Court of Appeal because it wasn’t mentioned in his original summons to the Federal High Court.
The Court of Appeal determined that Adeyemi’s claims remained essentially assertions and could not have any probative value in the absence of solid, verifiable proof in his favor.
After determining the appeal lacked merit, Justice Shuaib rejected it.
The Court of Appeal upheld the Federal High Court in Abuja’s determination on July 12 that Adeyemi had failed to provide evidence to support his assertions that Ododo had not been duly nominated by the APC.
