The Court of Appeal in Abuja on Friday dismissed an appeal brought before it by Senator Smart Adeyemi, seeking to nullify the primary election of the All Progressives Congress (APC) in Kogi State which produced Usman Ododo as the party’s flagbearer in the forthcoming November 11 governorship election.
Channels Television reported that, The court held that the appeal argued by Adekunle Oladapo Otitoju on behalf of Senator Adeyemi was completely bereft of merit and was thrown out.
A three-person panel unanimously decided that Adeyemi, who most recently served as the senatorial district for Kogi West, had utterly failed to prove all serious criminal claims made against the APC and its officials about the handling of the primary election.
All three of the disputes against Adeyemi were decided by Justice Mohammed Lawal Shuaib, who also delivered the lead judgment.
The claims of manipulation and fabrication of the primary election results presented by Adeyemi, according to Justice Shuaib, should have been proven beyond a reasonable doubt as required by law because they are criminal in character.
In addition, he rejected the appellant’s claim that the APC Appeal Committee unfairly dismissed his petition challenging the alleged irregularities in the primary election process.
The denial of a fair hearing was not a concern expressed in Justice Shuaib’s first summons to the Federal High Court, and as a result, it could not be brought up again in the Court of Appeal.
Adeyemi’s statements remained merely assertions, the Court of Appeal found, and could not have any probative value in the absence of strong, verifiable proof on his behalf.
Justice Shuaib then decided the appeal lacked merit and dismissed it.
The Federal High Court in Abuja’s ruling, which was handed down on July 12 and confirmed by the Court of Appeal, stated that Adeyemi had failed to substantiate his claims that Ododo had been improperly nominated by the APC.
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