A Federal High Court in Abuja has dismissed a suit filed by an aspirant in the All Progressives Congress (APC) governorship primary election in Kogi State, Senator Smart Adeyemi, against the emergence of the party’s candidate, Usman Ododo, saying it lacked merit.
Justice J.K. Omotosho while delivering judgement on Wednesday, July 12, 2023, in the suit marked “FHC/CS/556/2023 Smart Adeyemi v. APC & 2 Ors”, held that Adeyemi’s allegations were criminal in nature, as he alleged that elections did not hold and that the primary election results were forged.
He stated that the Applicant needed to prove the allegations of forgery and falsification of results beyond a reasonable doubt.
The court noted that the burden rested on Adeyemi to produce the forged result or the original and the forged results to discharge the burden, adding that failure to discharge the burden is fatal to the case he brought forward.
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 LGA of the State.
“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,” the Judge held.
However, Justice Omotosho went ahead to dismiss 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 was 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,” the judge said.
