Abuja – A Federal High Court sitting in Abuja on Wednesday dismissed a suit filed by Senator Smart Adeyemi against the emergence of Alhaji Ahmed Usman Ododo as the gubernatorial candidate of the All Progressives Congress (APC) in the governorship election holding in Kogi State on November 11, 2023.
Adeyemi, who contested the April 14 governorship primary of the APC had dragged the party and Ododo before the court on grounds that the governorship primary election did not hold and that the outcomes, the results produced were forged.
However, the court, presided over by Justice J.K. Omotosho dismissed the suit, saying it lacked merit.
Delivering judgement in the suit marked “FHC/CS/556/2023 Smart Adeyemi v. APC & 2 Ors”, Omotosho held that Adeyemi’s allegations were criminal in nature.
He said the Applicant failed to prove the allegations of forgery, falsification of results,
beyond reasonable doubts.
Justice Omotosho said the onus rest on Adeyemi to produce the forged result or the original and to prove his case.
He added that his failure to discharge the burden “is fatal to the case of the Applicant.”
Justice Omotosho also held that the allegation that the election did not hold was also not substantiated as the Applicant only provided evidence from his Ward in Ijumu Local Government Area.
” In any case, this evidence was denied by the Respondents who attached the monitoring reports of INEC, which has the duty to monitor the election.
“In this case, INEC attached its monitoring report and also attached copies of the result, police report confirming the conduct of the election signed by the Commissioner of Police, the case of the Applicant has no basis,” he said.
Justice Omotosho therefore dismissed the case for lacking in merit.
“In the final analysis, having reviewed all the evidence in this matter, I have no doubt that the APC primary election result held in all the wards of Kogi State on the 14th day of April 2023 and I so hold.
“This Honourable Court will not allow the will of a few just like that of the Applicant to override the will of the majority.
“The Applicant’s case has no merit. It is hereby dismissed,” Justice Omotosho ruled. (vitalnewsngr.com)
