Kogi Guber: Appeal Court dismisses suits seeking Ododo’s disqualification 

The Court of Appeal, Abuja on Friday dismissed the appeals filed by a former Senator representing Kogi West Senatorial District at the National Assembly, Smart Adeyemi and that of a governorship aspirant of the All Progressives Congress (APC) in Kogi state, Mr. Abubakar Achimugu, seeking to nullify the governorship primary election of the party which produced Ahmed Usman Ododo as the party’s flagbearer for the Kogi state governorship election slated for November 11. The court held in a unanimous judgement that the two appeals challenging the judgement of the Federal High Court sitting in Abuja lacked merit and accordingly dismissed them. Justice Muhammed Lawal Shuaibu’s led panel held that the appellants failed to prove the criminal allegations in his case. The Appellate court ruled that the burden of prove lies on the plaintiff who alleges irregularities in the conduct of the primary election of the APC for the nomination of its governorship candidate in the forthcoming governorship election in Kogi state. He said, “the evidence placed before the trial court by the respondents was not controverted by the appellant in this circumstance, issue one is hereby resolved against the appellant. “Where commission of a crime is an issue, it must be proved beyond reasonable doubt. Allegation of falsification of votes is a criminal act and it is required in law to be proved beyond reasonable doubt, which the appellant could not prove, consequently, issue two is resolved against the appellant. “On the whole, the appeal is un-meritorious and it is hereby dismissed. The judgement of the lower court is hereby affirmed. Parties are to bear their respective cost”, Justice Shuaibu held. Recall that Justice James Omotosho of the Federal High Court in Abuja had, in a judgement delivered on July 12, held that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.  Adeyemi had alleged in his suit that the primary election that purportedly produced Ododo as the APC governorship candidate did not hold and that the results were forged. Delivering judgement in the suit marked FHC/CS/556/2023, Justice Omotosho held that Adeyemi’s allegations of results forgery were criminal and must be proved beyond reasonable doubts. The court noted that the burden of proof was on the applicant to produce the forged results or the original copies of the results to discharge the burden and added that, failure to discharge the burden was fatal to the applicant’s case and further held that, there was evidence that the primary election was validly held and monitored by INEC. Dissatisfied with the judgement which affirmed the primary election that produced Ododo as candidate of the party, Adeyemi approached the appellate court to set aside the judgement. Adeyemi had in his suit at the trial court, sought the cancellation of the primary election on the ground that it was not validly conducted and prayed the court to declare as illegal, unlawful and invalid, the purported direct primary election said to have been conducted by the APC, through which Ododo emerged as a candidate for the governorship poll. The former lawmaker told the court that Ododo was handpicked as flag-bearer of the party by the outgoing Governor of the state, Yahaya Bello, in gross violation of Section 177 of the 1999 Constitution, Section 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of the APC. Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022. But, in his judgement, Justice Omotosho held that the plaintiff did not by way of credible evidence, establish his allegation and said, he found no reason to invalidate the outcome of the primary election and consequently dismissed the suit for lacking in merit.  In the same vein, the Court of Appeal, Abuja dismissed Achimugu’s appeal against a judgement of a Federal High Court sitting in Abuja which affirmed Ahmed Usman Ododo as the APC flagbearer for the November 11, 2023 governorship election in Kogi state. The appeal was against the judgement of Justice Obiora Egwuatu delivered on 18th July which held that, Ododo can lawfully continue to fly the flag of the APC in the November 11, 2023 governorship election in Kogi State. The appellate court, in a unanimous judgement delivered on Friday held that Achimugu’s appeal is bereft of merit and affirmed the judgement of the trial court. The court consequently dismissed the appeal for lacking in merit. Achimugu had approached the trial court with a suit seeking to disqualify Ododo from contesting the November 11 governorship election on grounds that he did not resign his employment with the Kogi State public service 30 days before contesting the governorship primary election. But, the trial court, in its judgment, held that contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary. According to Justice Egwuatu, exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8, that of the 3rd defendant, Mr Salami Deedat, was received on March 9. “Satisfied that they resigned their appointment on March 8 and 9, more than 30 days before the April 14 primary election of the APC, the suit is bereft of any merit and is accordingly dismissed”, the court held. Achimugu, in a Notice of Appeal filed on July 21 through his counsel, Josiah Daniel-Ebune said Justice Egwuatu erred in law and occasioned a miscarriage of justice when he held that Ododo and Salami Deedat (2nd and 3rd defendants) duly resigned their appointment and thus, not caught up with the mandatory provision of what the law requires them to do before they participated in the APC’s governorship primary election for Kogi state held on April 15, 2023. He asked the appellate court for an order setting

Appeal Court restores Adebutu, PDP’s vote buying claims against Abiodun, APC

The Abuja Division of the Court of Appeal, on Wednesday restored the vote-buying allegations made by the Peoples Democratic Party (PDP)and its governorship candidate, Oladipupo Adebutu against Dapo Abiodun of the All Progressives Congress (APC). The appellate court gave the ruling in an appeal marked: CA/IB/EPT/GOV/OG/03/2023, filed by Adebutu and PDP on the 6th of July, 2023, which was heard on August 3, 2023. The appeal was against the ruling of Justice A.  Kanuza of the Ogun State Governorship Tribunal delivered on June 19, 2023, on vote buying during the March 18, Governorship election in Ogun State. The Tribunal had ruled in favour of the 2nd respondent and struck out the petitioner’s reply to the 2nd respondent’s reply to the petition. But on Wednesday, the Court of Appeal panel in a judgement written by Justice M. B Idris and read by Justice Aliyu Waziri, sustained paragraphs 2, 4,5,6,10,11,14,15,16 and 18 of Adebutu and PDP’s (Petitioners) reply to the 2nd respondent’s reply to the petition. The sustained paragraphs of the petitioners’ reply bother on the submission of forged certificate to the 1st respondent (INEC) by the 2nd respondent (Dapo Abiodun), violence and disruption of polling units by agents of the 2nd respondent and allegation of vote buying by the 2nd respondent. Also, the sustained paragraphs include the petitioners defence on the allegation of vote buying raised by the 2nd respondent in his reply to the petition. At the tribunal, Counsel to the Petitioners, Chief Gordy Uche, SAN had argued that the petitioners did not raise any new fact in their reply but gave a response to the new issue raised by the 2nd respondent in his reply which was not part of the issues raised in the petition.  Recall that in the ruling, the Chairman of the Ogun State Governorship Election Petition Tribunal, Justice Kunaza had, while delivering his ruling on a motion filed by the 2nd respondent, Dapo Abiodun seeking the tribunal to strike out the Petitioner’s reply to the 2nd Respondent’s reply to the petition on the grounds that the Petitioners (Ladi Adebutu & PDP) held that the Petitioners cannot raise new fact in their response to the reply of the 2nd respondent. Some details of the sustained paragraphs are as follows: “The Petitioners deny paragraph 4 of the 2nd Respondent’s Reply and state that the submission of a forged certificate to the 1st Respondent by the 2nd Respondent along with his Form EC9 can be lawfully challenged before this Honourable Tribunal under Section 134 (1) (a) of the Electoral Act, 2022 and the Petitioners and the said complaint is not statute barred. “The Petitioners in specific response to the above paragraphs state that it was rather the 2nd and 3rd Respondents, whose agents were captured on tape recording before and during the election distributing cash in Ogun State Government envelopes to entice voters to vote for the 2nd and 3rd Respondents. “The tape recording was widely distributed on social media and was publicly aired on Arise News Channel on February 19, 2023, and can be accessed via https//yout.be/CN19pKa3DVg. The Petitioners hereby plead and shall at the trial rely on the video clips and media reports of the and 3rd Respondents’ vote buying. “The 2nd and 3rd Respondents took advantage of the Naira redesign controversy and the prevailing cash crunch to offer Naira in cash to the electorate. The 2nd and 3rd Respondents shared old Naira notes and when some of the beneficiaries were worried that they were being given old notes, the agents of the 2nd Respondent assured them that the 2nd Respondent who is the Governor would compel the banks to accept them. “The Petitioners plead and shall rely on photographs and video recordings where the agents of the 2nd Respondent were caught on tape distributing Nara cash notes to the electorate. “Again, on March 18, 2023, when the Governorship and House of Assembly Elections were held across Ogun State, the 2nd and 3rd Respondents caused to be distributed to the electorate pre-loaded top-up gift cards of A5, 000 and N10, 000 to buy their votes to financially influence the 2nd Respondent to win the governorship election. “These Top up gift cards with PINS and Serial Numbers could either be used to buy airtime by dialling *979*PIN# or could be used to withdraw or transfer cash by dialling *979*SPID* ACCOUNT NUMBER* PIN#. These were deployed massively and widely on Election Day to buy votes. These cards were distributed on Election Day by APC agents who also had Point of Sale (POS) Machines which were used to either buy airtime and data, collect cash, or cause the amount preloaded in the accounts to be sent to voters’ accounts. The Petitioners plead and shall rely on these pre-loaded cards at the hearing of this Petition. “The Petitioners state that the 1st Petitioner’s Family only shared endowment cards at the burial ceremonies as burial ceremonial souvenirs of his philanthropic and benevolent mother, late Chief Mrs. Caroline Oladunni Adebutu, through her Endowment Schemes which were in existence in her lifetime and which she had utilized in mass empowerment programs. The 2nd Respondent is aware of this fact as he was personally in attendance during the said burial as a guest of the 1st Petitioner’s father, Chief Kessington Adebukunola Adebutu. The said cards had nothing whatsoever to do with vote buying or inducement of voters to vote for the Petitioners, and had nothing to do with the election. “The election in the polling units listed in paragraph 9 of the 2nd Respondent’s Reply to the Petition were cancelled due to violent disruptions by the agents of the 2nd and 3rd Respondents when the envisaged that the 2nd Respondent was not likely to win in those polling units and also due to over voting and not as a result of wilful disruption of election materials and resistance to the use of BVAS nor any act of the Petitioners. The Petitioners state that the allegation of wilful disruption of election materials and resistance

Kogi APC Primary: Adeyemi heads to Appeal Court, seeks cancellation

A former Senator, who represented Kogi West Senatorial zone, Senator Smart Adeyemi on Wednesday, said he would approach the Court of Appeal in Abuja to nullify the governorship primary election the All Progressives Congress (APC) held in the state. Justice James Omotosho in a judgment delivered on Wednesday, held that Adeyemi did not present credible evidence to prove his allegation that Ododo was not lawfully nominated by the APC.  Reacting, Adeyemi, through his counsel, Dapo Otitoju, said he disagreed with the judgement of the Federal High Court in Abuja, which affirmed the primary election that produced Ahmed Usman Ododo as the candidate of the party for the governorship election billed to hold in the state in November. The plaintiff had in his suit marked: FHC/ABJ/CS/556/2023, sought the cancellation of the primary election on the premise that it was not validly conducted.  Specifically, he wants the court to declare as illegal, unlawful and invalid, the purported direct primary election said to have been conducted by the APC, through which Ododo emerged as a candidate for the governorship poll. According to him, Ododo was handpicked as flag-bearer of the party by the outgoing Governor of the state, Yahaya Bello, in gross violation of Section 177 of the 1999 Constitution, Section 29 and 84 of the Electoral Act as well as Article 20 of the Constitution of the APC. He, therefore, urged the court to declare the purported primary election as invalid and to issue an order, compelling the Independent National Electoral Commission, INEC, not to recognize Ododo as the bonafide candidate of the party for the governorship election. Besides, the aggrieved governorship aspirant, through his team of lawyers led by Dr Adekunle Ottitoju, prayed the court to order the APC to conduct a fresh primary election and to give all aspirants equal opportunity as prescribed by the Electoral Act, 2022.  The court held that contrary to the position of the plaintiff, there was evidence that the primary election was validly held and monitored by the Independent National Electoral Commission, INEC. It held that the allegations the plaintiff raised in the suit were criminal in nature and therefore ought to be proved beyond every reasonable doubt.  Justice Omotosho held that the plaintiff failed to discharge the burden of proof that was placed on him by the law.  “There is enough proof before this court to show that indeed a direct primary election of the APC held in Kogi state on April 14,” the court held, adding that Senator Adeyemi had after he lost in the election, lodged a complaint before an appeal Committee that was constituted by the APC. The court held that evidence before it showed that Adeyemi failed to appear before the Committee to prove his allegations.  The court said it found no reason to invalidate the outcome of the primary election.  Consequently, it dismissed the suit as lacking in merit.  However, reacting to the judgement, Senator Adeyemi, through his counsel, said he would take the case to the appellate court.  He insisted that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties, insisting that there were inconsistencies in the report that was tendered by the INEC and the affidavit that was deposed by the APC.  Adeyemi alleged that whereas INEC claimed that option A4 mode was adopted for the primary election it monitored, the APC, told the court that the election was through secret ballot.  The former lawmaker had in a 35 paragraph affidavit he filed in support of his originating summons, told the court that he obtained nomination and expression of interest forms from the party at the cost of N50million, following which he was screened and cleared to participate in the primary election that was slated for April 14, 2023. Adeyemi told the court that while he waited at his constituency to cast his vote along with his people, he was shocked when information came to him that the purported primary election had been conducted and a purported winner declared. He alleged that Governor Bello had initially asked all other aspirants to step down for his preferred candidate, Ododo, who is from the same zone as him. The plaintiff told the court that by political arrangement, it ought to be the turn of Kogi West, which had not produced a governor in the history of the state. More so, Adeyemi, alleged that Governor Bello manipulated the whole process to ensure that his first cousin from the same polling unit, from the same ward, from the same local government, and from the same tribe, Mr Ododo, emerged as the governorship candidate of the party, against the laid down rules and regulations. He told the court that Governor Bello had among other things, presided over a panel where figures were allotted in favour of Ododo. He further claimed that the governor of Zamfara State, Bello Matawalle, who was supposed to preside over and announced the winner of the primary election, left Kogi state in annoyance so as to dissociate himself from the outcome of what they described as a shambolic primary election. Adeyemi prayed to the court to nullify the governorship primary election and order the APC to conduct a fresh one.