Court dismisses Adeyemi’s appeal challenging Kogi APC primary

The Court of Appeal in Abuja has ruled in favor of the governorship primary election of the All Progressives Congress (APC) in Kogi State, dismissing an appeal brought by Senator Smart Adeyemi. The appeal sought to nullify the primary election, which had produced Ahmed Usman Ododo as the party’s candidate for the upcoming November 11 poll.

In its unanimous decision, a three-member panel of justices at the appellate court deemed Senator Adeyemi’s appeal, represented by Adekunle Oladapo Otitoju, devoid of merit and subsequently rejected it.

Justice Mohammed Lawal Shuaib, who delivered the lead judgment, scrutinized the issues raised by Adeyemi and found them wanting. Adeyemi’s claims of manipulation and falsification of primary election results were held to be criminal in nature and therefore needed to be substantiated beyond a reasonable doubt, as stipulated by the law.

The court also dismissed Adeyemi’s contention that he was denied a fair hearing by the Appeal Committee of the APC. Justice Shuaib clarified that this issue was not initially raised in the proceedings at the Federal High Court, thus rendering it ineligible for consideration as a fresh concern at the Court of Appeal.

In the absence of compelling and verifiable evidence supporting Adeyemi’s allegations, the Court of Appeal ruled that his claims remained mere assertions without substantial probative value. Consequently, the appeal was dismissed on grounds of lacking merit.