Kogi Guber Race: Appeal Court Knocks Smart Adeyemi, Affirms Ododo’s Candidacy

BY SEGUN ADEBAYO – Senator Smart Adeyemi has again lost his battle to nullify the primary election of the All Progressives Congress (APC) that produced Usman Ododo as the party’s flag bearer in the forthcoming Kogi State governorship election taking place on November 11, 2023.

Dismissing an appeal brought before it by Adeyemi, the Court of Appeal on Friday held that the case argued by Adekunle Oladapo Otitoju on behalf of the petitioner was completely bereft of merit and therefore thrown out.

In a unanimous judgement of a three-man panel, the court ruled that Adeyemi 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 judgement resolved all three issues in the dispute against Adeyemi, the immediate past Senator who represented Kogi West Senatorial District in the National Assembly between 2019 and 2023

According to the Judge, the allegations of manipulations and falsifications of the primary election results made by Senator Adeyemi, being criminal in nature, ought to have been proved beyond a reasonable doubt as required by law

He also dismissed another allegation by the appellant that he was denied a fair hearing by the APC’s Appeal Committee based on his petition against the alleged unlawful conduct of the primary election.

Similarly, Justice Shuaib said the issue of denial of a fair hearing was not raised in his originating summons at the Federal High Court, and could therefore not be raised as a fresh issue at the Court of Appeal.

Consequently, the Court held that in the absence of cogent and verifiable evidence from Adeyemi, his allegations remained mere assertions that could not enjoy any probative value.

Justice Shuaib proceeded to dismiss the appeal for lack of merit while upholding the judgement delivered on July 12 by Justice James Omotosho of the Federal High Court in Abuja that Adeyemi failed to prove his allegations that Ododo was unlawfully nominated as its candidate by the ruling APC in Kogi State.