The Court of Appeal in Abuja has reserved its judgment on two appeals brought before it by Abubakar Achimugu and Smart Adeyemi, both Governorship Aspirants of the All Progressives Congress (APC) in Kogi state.
These appeals contest a ruling from the Federal High Court in Abuja that upheld Ahmed Usman Ododo as the APC flag bearer for the upcoming November 11 governorship election in the state.
The appeal was a response to the verdict delivered by Justice Obiora Egwuatu and Justice James Omotosho of the Federal High Court, Abuja. These judges had separately concluded that Ahmed Ododo was legitimately eligible to carry the APC flag in the November 11, 2023, Kogi State governorship election.
Achimugu initially initiated the case at the Federal High Court, alleging that Ododo should be disqualified from the governorship race because he did not resign from his position in the Kogi State public service 30 days before participating in the governorship primary election.
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In his Notice of Appeal, filed through his counsel Josiah Daniel-Ebune on July 21, Achimugu contended that Justice Egwuatu’s ruling misconstrued the law and resulted in a miscarriage of justice. He argued that Ododo’s resignation wasn’t in line with the legal requirements stipulated by Section 306(2) of the constitution and relevant case precedents.
Achimugu’s appeal sought to have the trial court’s judgment overturned and his requested reliefs granted. A panel of three justices led by Justice Muhammed Shuaibu at the appellate court reserved judgment on the appeal after both parties presented their written arguments.
The Court of Appeal also reserved judgment on an appeal by former Senator Smart Adeyemi, who represented Kogi West Senatorial District. Adeyemi’s appeal is a reaction to a judgment issued by Justice James Omotosho of the Federal High Court Abuja on July 12. The judgment validated Ododo’s nomination by dismissing Adeyemi’s claim that the primary election was illegitimate and the results were forged.
Adeyemi’s appeal to the Court of Appeal asserts that the trial court inadequately assessed the evidence submitted by both parties and identified inconsistencies between INEC’s report and the APC’s affidavit. He noted that INEC reported the adoption of the option A4 mode for the monitored primary election, while the APC contended that a secret ballot was employed.