Court declines to nullify APC primary, dismisses Adeyemi’s suit

Ahead of the Kogi state governorship election billed for November 11, the Federal High Court sitting in Abuja, on Wednesday, declined to nullify the governorship primary election that was conducted by the All Progressives Congress, APC.

The court, in a judgment that was delivered by Justice James Omotosho, equally refused to invalidate the nomination of Ahmed Usman Ododo as flag-bearer of the APC for the gubernatorial contest.

It held that there was no merit in a suit brought before it by a former federal lawmaker representing Kogi West Senatorial District, Senator Smart Adeyemi.

The plaintiff had in his suit marked: FHC/ABJ/CS/556/2023, sought the cancellation of the primary election, insisting that Ododo was “fraudulently” nominated by the party.

Adeyemi, in a 35-paragraph affidavit he filed in support of his originating summons, told the court that he obtained nomination and expression of interest forms from the party at the cost of N50 million, following which he was screened and cleared to participate in the primary election that was slated for April 14, 2023.

He told the court that while he waited at his constituency to cast his vote along with his people, he was shocked when information came to him that the purported primary election had been conducted and a purported winner declared.

Adeyemi told the court that Ododo was handpicked as flag-bearer of the party by the outgoing Governor of the state, Yahaya Bello, in gross violation of Section 177 of the 1999 Constitution, Sections 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of the APC.

The erstwhile lawmaker alleged that Governor Bello had initially asked all other aspirants to step down for his preferred candidate, Ododo, who is from the same zone as him.

He told the court that by political arrangement, it ought to be the turn of Kogi West, which had not produced a governor in the history of the state.

More so, Adeyemi, alleged that Governor Bello manipulated the whole process to ensure that his first cousin from the same polling unit, from the same ward, from the same local government, and from the same tribe, emerged as the governorship candidate of the party, against the laid down rules and regulations.

He told the court that Governor Bello had, among other things, presided over a panel where figures were allotted in favor of Ododo.

The plaintiff further claimed that the then governor of Zamfara State, Bello Matawalle, who was supposed to preside over and announce the winner of the primary election, left Kogi state in annoyance to dissociate himself from the outcome of what they described as the shambolic primary election.

He alleged that in Matawalle’s absence, the Secretary of the APC primary election committee, Patrick Obaghiagbon, in a meeting that was chaired by Governor Bello, declared Ododo as winner of the governorship ticket.

While contending that Hon. Obaghiagbon lacked the powers to act as a returning officer for the primary poll, Adeyemi, urged the court to nullify Ododo’s nomination and order the APC to conduct a fresh one.

He prayed the court to declare as illegal, unlawful, and invalid, the purported direct primary election said to have been conducted by the APC, through which Ododo emerged as a candidate for the governorship poll.

More so, the plaintiff urged the court to declare the purported primary election invalid and to issue an order, compelling the Independent National Electoral Commission, INEC, not to recognize Ododo as the bonafide candidate of the party for the governorship election.

Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr. Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022.

Meanwhile, in his judgment, Justice Omotosho held that the plaintiff did not establish his allegation by way of credible evidence.

The court held that contrary to the position of the plaintiff, there was evidence that the primary election was validly held and monitored by INEC officials.

It held that the allegations the plaintiff raised in the suit were criminal and therefore ought to have been proved beyond every reasonable doubt.

Justice Omotosho held that the plaintiff failed to discharge the burden of proof that was placed on him by the law, stressing that the allegation that result of the primary election was falsified, was not proved.

“There is enough proof before this court to slow that indeed a direct primary election of the APC held in Kogi state on April 14,” the court held, adding that Senator Adeyemi had after he lost in the election, lodged a complaint before an Appeal Committee that was constituted by the APC.

The court held that evidence before it showed that Adeyemi failed to appear before the Committee to prove his allegations.

The court said it found no reason to invalidate the outcome of the primary election based on speculations that were not supported with evidence.

“In the final analysis, this court will not allow the wish of few persons to truncate the wish of majority.

“Consequently, this case is hereby dismissed as lacking in merit,” Justice Omotosho held.

Meanwhile, reacting to the judgement, Senator Adeyemi, through his counsel, vowed to take the matter before the Court of Appeal.

He maintained that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties, adding that there were inconsistencies in report that INEC tendered in respect of the primary poll and an affidavit that was filed by the APC.

Adeyemi alleged that whereas INEC claimed that option A4 mode was adopted for the primary election it monitored, the APC, on the other hand, told the court that the election was conducted through secret ballot.

He argued that the trial court ought to have nullified the primary election, based on documentary evidence that were adduced before it.

It will be recalled that aside from Adeyemi, other governorship aspirants who had earlier gone to court to challenge the outcome of the said primary election, included a former Minister of State for Education, Professor Stephen Ocheni, Deputy National Publicity Secretary of the APC, Martala Yakubu Ajaka and Dr Sanusi Ohiara.

Though the son of a former governor of the state, Shuaibu Abubakar, initially filed a suit to also nullify the outcome of the governorship primary election, he subsequently withdrew the matter