Kogi Guber: Court Dismisses Smart Adeyemi’s Suit against Ododo, APC
A Federal High Court sitting in Abuja, on Wednesday dismissed a suit filed by an governorship aspirant on the platform of the All Progressives Congress (APC), in Kogi State, Senator Smart Adeyemi, against the emergence of the candidate of the party, Usman Ododo.
The Court presided over by Justice James Omotosho held that the suit by Adeyemi, lacked merit and declared; “the will of a few cannot override the will of the majority”.
Delivering judgement in the suit marked “FHC/CS/556/2023 Smart Adeyemi v. APC & 2 Ors”, Justice Omotosho held that Adeyemi’s allegations were criminal in nature, as he alleged that elections did not hold and that the produced results were forged.
The Court held that Adeyemi, who also contested the primary for the senatorial ticket of the APC for Kogi West but, lost woefully in 2022, needed to prove the allegations of forgery and falsification of results beyond reasonable doubts, stressing that the burden rests on the Adeyemi as the Applicant to produce the forged result or the original and the forged results to discharge the burden.
The trial judge further held that failure to discharge the burden “is fatal to the case of the Applicant,” adding that the allegation that the election did not hold was also not substantiated as Adeyemi only provided evidence from his Ward in Ijumu Local Government Area.
The Court further said; “in any case, this evidence was denied by the Respondents who attached the monitoring reports of INEC, which has the duty to monitor the election.
“In this case, INEC attached its monitoring report and also attached copies of the result, police report confirming the conduct of the election signed by the Commissioner of Police”.
Justice Omotosho specifically held that the case of the Adeyemi has no basis and therefore dismissed it for lacking in merit.
Concluding, Justice Omotyosho held; “In the final analysis, having reviewed all the evidence in this matter, I have no doubt that the APC primary election result held in all the wards of Kogi State on the 14th day of April 2023 and I so hold.
“This Honourable Court will not allow the will of a few just like that of the Applicant to override the will of the majority. The Applicant’s case has no merit. It is hereby dismissed,” the trial judge declared.
