Kogi Guber: Senator Adeyemi fails to nullify APC primary, Appeal Court dismisses case.
IDRIS AHMED, LOKOJA.
The Court of Appeal sitting in Abuja, presided over by Justice Muhammed Lawal Shuaibu, on Friday dismissed an appeal brought before it by Senator Smart Adeyemi for lack of merit.
Global Times reports that Senator Adeyemi had appealed the judgement of the Federal High Court Abuja, seeking to nullify the primary election of the All Progressives Congress (APC) in Kogi State which produced Ahmed Usman Ododo as the party’s flagbearer for the governorship election slated for November 11, 2023
In the judgement delivered by Justice James Omotosho of the Federal High Court on July 12th, held that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.
In its judgement on Friday, the Appellate Court held that the appeal argued by Adekunle Oladapo Otitoju on behalf of Senator Adeyemi was completely bereft of merit and was thrown out.
In a unanimous judgment of a 3-man panel of Justices of the Court, Adeyemi was said to have failed woefully to establish all grievous criminal allegations made against the conduct of the primary election by APC and its leaders.
Justice Mohammed Lawal Shuaib who delivered the lead judgment resolved all the three issues in dispute against Adeyemi.
Justice Shuaib said that the allegations of manipulations and falsification of the primary election results made by Adeyemi, being criminal in nature, ought to have been proved beyond reasonable doubt as required by law.
He also dismissed another allegation by the Appellant that he was denied fair hearing by the Appeal Committee of the APC based on his petition against the alleged unlawful conduct of the primary election.
Justice Shuaib said that the issue of denial of fair hearing was not raised in his originating summons at the Federal High Court, hence, cannot be raised as a fresh issue at the Court of Appeal.
In the absence of cogent and verifiable evidence on the part of Adeyemi, the Court of Appeal held that his allegations remained mere assertions that cannot enjoy any probative value and therefore dismissed the appeal for want of merit