The Abuja Division of the Court of Appeal has dismissed an appeal filed by Senator Smart Adeyemi, seeking to invalidate the All Progressives Congress (APC) governorship primary election in Kogi State.
Recall the last APC primary election in the state proupduced Ahmed Usman Ododo as the party’s candidate for the upcoming November 11, 2023 governorshi election.
The Court of Appeal ruled that the appeal presented by Adekunle Oladapo Otitoju, on behalf of Senator Adeyemi, the immediate-past Kogi West Senator, lacked substance and merit, leading to its dismissal.
In a unanimous decision by a panel of three Justices, the appellate court found that Senator Adeyemi was unable to substantiate the allegations he made against the conduct of the APC and its leaders during the primary election.
Justice Mohammed Lawal Shuaib, delivering the lead judgment, ruled against Adeyemi on all the three disputed issues. Shuaib emphasised that Adeyemi’s claims of manipulation and falsification of primary election results needed to be proven beyond reasonable doubt, as required by law, due to the criminal nature of the allegations.
The court also rejected Adeyemi’s assertion that he was denied a fair hearing by the APC’s Appeal Committee concerning his petition against the alleged irregularities in the primary election. Justice Shuaib explained that the issue was not raised in Adeyemi’s initial lawsuit at the Federal High Court, making it inappropriate to bring it up as a fresh issue at the Court of Appeal.
