Appeal Court rules on Smart Adeyemi’s appeal seeking to nullify Ododo’s candidacy

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Senator Smart Adeyemi’s Appeal Dismissed by Court of Appeal in Kogi State APC Primary Case.

The Court of Appeal in Abuja has rejected an appeal made by Senator Smart Adeyemi to invalidate the governorship primary election of the All Progressives Congress (APC) in Kogi State. The primary election had resulted in the selection of Ahmed Usman Ododo as the party’s flagbearer for the upcoming November 11 poll.

Smart Adeyemi
Senator Smart Adeyemi

 

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Smart Adeyemi Appeal Dismissed

Adekunle Oladapo Otitoju, representing Senator Adeyemi, presented the appeal, but the court ruled unanimously that it lacked merit and subsequently dismissed it.

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In the judgment delivered by Justice Mohammed Lawal Shuaib, who led the three-member panel of justices, Adeyemi’s allegations against the conduct of the primary election were deemed unsubstantiated.

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The court held that the allegations of manipulations and falsifications of the primary election results needed to be proven beyond reasonable doubt, as per legal requirements.

Additionally, the court rejected Adeyemi’s claim that he was denied a fair hearing by the Appeal Committee of the APC in relation to his petition against the alleged misconduct during the primary election. The court noted that this issue had not been raised in his initial submission to the Federal High Court, and thus could not be newly introduced at the Court of Appeal.

Due to the absence of substantial and verifiable evidence, the Court of Appeal considered Adeyemi’s allegations as mere assertions without significant probative value. As a result, the court concluded that the appeal lacked merit and upheld the judgment of Justice James Omotosho of the Federal High Court in Abuja, delivered on July 12.

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Justice Omotosho’s judgment had previously stated that Adeyemi had not successfully proven his claims that Ododo’s nomination was not lawful according to the APC’s procedures.

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