Senator Smart Adeyemi has vowed to approach the Court of Appeal, Abuja Division, seeking nullification of the governorship primary election of the All Progressives Congress (APC) held in the state.
Adeyemi’s vow comes on the heels of the Abuja Federal High Court judgment, which dismissed his suit challenging the primary election that produced Ahmed Usman Ododo as the candidate of the party for the governorship election slated to hold in the state in November.
In a judgment delivered by Justice James Omotosho on Wednesday, the court earlier held that Senator Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.
The plaintiff, in his suit marked FHC/ABJ/CS/556/2023, sought the cancellation of the primary election on the ground that it was not validly conducted and prayed the court to declare 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.
The former lawmaker 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.
He 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 bona fide candidate of the party for the governorship election.
Through his team of lawyers led by Dr. Adekunle Ottitoju, the aggrieved APC governorship aspirant prayed to the court to order the party to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022.
But, in his judgment, Justice Omotosho held that the plaintiff did not, by way of credible evidence, establish his allegation.
The court also held that contrary to the position of the plaintiff, there was evidence that the primary election was validly held and monitored by INEC, and added that the allegations the plaintiff raised in the suit were criminal in nature and therefore ought to be proved beyond every reasonable doubt.
The court said it found no reason to invalidate the outcome of the primary election and consequently dismissed the suit for lack of merit.
However, reacting to the High Court judgment, Senator Adeyemi, through his counsel, said he would take the case to the appellate court, insisting that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties and that there were inconsistencies in the report that was tendered by INEC and the affidavit that was deposed by the APC.
Adeyemi alleged that, whereas INEC claimed that option A4 mode was adopted for the primary election it monitored, the APC told the court that the election was by secret ballot.
In a 35-paragraph affidavit he filed in support of his originating summons, the former lawmaker told the court that he obtained nomination and expression of interest forms from the party for N50 million, following which he was screened and cleared to participate in the primary election that was slated for April 14, 2023.
Adeyemi told the court that while he waited in 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.
