On Friday, the Abuja Division of the Court of Appeal dismissed the appeals by Senator Smart Adeyemi and Abubakar Achimugu, a governorship aspirant of the All Progressives Congress in Kogi, challenging the candidacy of Usman Ododo, the party’s flagbearer for the November 11 polls.

The court held in a unanimous judgment that the two appeals challenging the Abuja Division of the Federal High Court judgment lacked merit and accordingly dismissed them.

Justice Muhammed Shuaibu, who led the three-member panel, read the judgment in Mr Adeyemi’s appeal. The panel held that the former lawmaker failed to prove the criminal allegations in his case.

“Allegation of falsification of votes is a criminal act, and it is required in law to be proved beyond a reasonable doubt, which the appellant could not prove; consequently, issue two is resolved against the appellant.

“On the whole, the appeal is unmeritorious, and it is hereby dismissed. The judgement of the lower court is hereby affirmed. Parties are to bear their respective cost,” Justice Shuaibu held.

Justice James Omotosho of the Abuja Division of the Federal High Court had, in a judgment delivered on July 12, held that Mr Adeyemi did not prove his allegation that the APC did not lawfully nominate Mr Ododo.

In his suit, Mr Adeyemi alleged that the primary election that produced Mr Ododo as the APC governorship candidate did not hold and that the results were forged.

Delivering judgment in the suit marked FHC/CS/556/2023, Justice Omotosho held that Mr Adeyemi’s allegations of results forgery were criminal and must be proved beyond reasonable doubts.

Dissatisfied with the judgment, Mr Adeyemi approached the appellate court to set aside the ru

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

In his judgment, Justice Omotosho of the Abuja Federal High Court held that the plaintiff did not establish his allegation through credible evidence.

Similarly, the Court of Appeal dismissed Mr Achimugu’s appeal against the High Court judgment, which affirmed Mr Ododo as the APC flagbearer for the state’s governorship election.

The appeal was against the judgment of Justice Obiora Egwuatu delivered on July 18, which held that Mr Ododo could lawfully continue to fly the flag of the APC in the poll.

In a unanimous judgment, the appellate court held that Mr Achimugu’s appeal was bereft of merit and affirmed the trial court’s ruling.

Mr Achimugu had approached the trial court with a suit seeking to disqualify Mr Ododo from contesting the election on ground that he did not resign his employment with the Kogi State public service 30 days before contesting the governorship primary election.

But, in its judgment, the trial court held that contrary to Mr Achimugu’s claim, evidence showed that Mr Ododo resigned his appointment more than 30 days before participating in the APC primary.

(NAN)