Former lawmaker Smart Adeyemi has announced his intention to challenge the judgment of the Federal High Court in Abuja, which upheld the primary election of Ahmed Ododo. Adeyemi stated that he would approach the Court of Appeal to contest the decision.
The Federal High Court dismissed Adeyemi’s allegations, stating that they were criminal in nature, as he claimed that the election did not take place and that the results were forged. The court held that Adeyemi needed to provide evidence beyond reasonable doubt to prove the allegations of forgery and falsification of results.
Justice James Omotosho, delivering the judgment, noted that the burden of proof rested on the applicant, and failure to discharge that burden would be fatal to the case. The court found that there was evidence that the primary election was validly conducted and monitored by the Independent National Electoral Commission (INEC).
The judge emphasized that the allegations raised by Adeyemi were criminal in nature and should be proven beyond reasonable doubt. He stated that Adeyemi failed to discharge the burden of proof placed on him by the law, and there was no reason to invalidate the outcome of the primary election.
In response to the judgment, Adeyemi’s counsel, Adekunle Ottitoju, announced that they would be heading to the Court of Appeal to challenge the decision of the lower court. Adeyemi expressed dissatisfaction with the judgment and believed that the trial court did not properly evaluate the evidence presented.
Adeyemi had sought the cancellation of the primary election, alleging that Ododo was unlawfully nominated by the All Progressives Congress (APC) in violation of the Constitution and the Electoral Act. He urged the court to declare the primary election illegal and order the APC to conduct a fresh one.
Adeyemi alleged inconsistencies between the report tendered by INEC and the affidavit deposed by the APC, claiming that the election method was misrepresented. He filed an affidavit stating that he obtained nomination and expression of interest forms, was screened, and cleared to participate in the primary election.
With Adeyemi’s decision to challenge the judgment at the Court of Appeal, the legal battle over the primary election in question is set to continue. The outcome of the appeal will determine whether the election results will be upheld or if a fresh primary election will be conducted.