
The Court of Appeal in Abuja, yesterday, rejected an appeal made by Senator Smart Adeyemi, seeking to invalidate the All Progressives Congress (APC) governorship primary election in Kogi State that produced Ahmed Usman Ododo as the party’s candidate in the November 11 election.
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The Court of Appeal ruled that the appeal presented by Adekunle Oladapo Otitoju on behalf of Adeyemi lacked substance and merit, leading to its dismissal.
In a unanimous decision by a panel of three justices, the court found that Adeyemi was unable to substantiate the allegations.
Justice Mohammed Lawal Shuaib, delivering the lead judgment, ruled against Adeyemi on all three disputed issues. Shuaib emphasised that Adeyemi’s claims of manipulation and falsification of primary election results needed to be proven beyond reasonable doubt as required by law, due to the criminal nature of the allegations.
The court held that Adeyemi’s assertion that the APC’s Appeal Committee denied him a fair hearing was not raised in his initial lawsuit at the Federal High Court, making it inappropriate to bring it up as a fresh issue at the Court of Appeal.
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Given the lack of substantial and verifiable evidence provided by Adeyemi, the Court of Appeal determined that his allegations remained mere assertions without significant probative value. Consequently, the appeal was dismissed for lack of merit.
The Court of Appeal, therefore, upheld the judgment of Justice James Omotosho of the Federal High Court in Abuja, delivered on July 12.
Justice Omotosho had held that Adeyemi failed to establish his allegations that Ododo’s nomination by the APC was not lawful.
The Court of Appeal in Abuja, yesterday, rejected an appeal made by Senator Smart Adeyemi, seeking to invalidate the All Progressives Congress (APC) governorship primary election in Kogi State that produced Ahmed Usman Ododo as the party’s candidate in the November 11 election.
The Court of Appeal ruled that the appeal presented by Adekunle Oladapo Otitoju on behalf of Adeyemi lacked substance and merit, leading to its dismissal.
In a unanimous decision by a panel of three justices, the court found that Adeyemi was unable to substantiate the allegations.
Justice Mohammed Lawal Shuaib, delivering the lead judgment, ruled against Adeyemi on all three disputed issues. Shuaib emphasised that Adeyemi’s claims of manipulation and falsification of primary election results needed to be proven beyond reasonable doubt as required by law, due to the criminal nature of the allegations.
The court held that Adeyemi’s assertion that the APC’s Appeal Committee denied him a fair hearing was not raised in his initial lawsuit at the Federal High Court, making it inappropriate to bring it up as a fresh issue at the Court of Appeal.
Given the lack of substantial and verifiable evidence provided by Adeyemi, the Court of Appeal determined that his allegations remained mere assertions without significant probative value. Consequently, the appeal was dismissed for lack of merit.
The Court of Appeal, therefore, upheld the judgment of Justice James Omotosho of the Federal High Court in Abuja, delivered on July 12.
Justice Omotosho had held that Adeyemi failed to establish his allegations that Ododo’s nomination by the APC was not lawful.
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