The Court of Appeal in Abuja has dismissed an appeal brought before it by Smart Adeyemi, seeking to nullify the governorship primary election of the All-Progressives Congress (APC) in Kogi State, which produced Ahmed Usman Ododo as the party’s flagbearer for the November 11 poll.
The appellate court held that the appeal argued by Adekunle Oladapo Otitoju on behalf of Senator Adeyemi was completely bereft of merit and was thrown out.
In a unanimous judgment of a three-man panel of justices of the court, Adeyemi, was said to have failed to establish all allegations made against the conduct of the primary election by APC and its leaders.
Justice Mohammed Lawal Shuaib, who delivered the lead judgment, said the allegations of manipulations and falsifications of the primary election results made by Adeyemi, being criminal, ought to have been proved beyond reasonable doubt as required by law.
He also dismissed another allegation by the appellant that he was denied a fair hearing by the Appeal Committee of the APC based on his petition against the alleged unlawful conduct of the primary election.
The Court of Appeal also upheld the judgment of Justice James Omotosho of the Federal High Court in Abuja delivered on July 12 which held that Adeyemi did not prove his allegations that Ododo was not lawfully nominated by the APC.
