Kogi 2023: Court Asked to Disqualify APC’s Guber Candidate

•Aggrieved governorship aspirant, Achimugu seeks to replace Ododo

Alex Enumah in Abuja

The Federal High Court in Abuja has been asked to disqualify, candidate of the All Progressives Congress (APC), Ahmed Usman Ododo, from contesting the forthcoming governorship election in Kogi State.

The request by an aggrieved governorship aspirant under the platform of the APC was predicated on the ground that, Ododo was not qualified to fly the flag of the APC in the November 11, 2023 governorship poll, having failed to resign his employment with the Kogi State public service before contesting the governorship primary, which he won.

The plaintiff, Abubakar Achimugu, in the suit marked: FHC/ABJ/CS/584/2023, is claiming that Ododo breached Section 182 of the Constitution, Section 84 of the Electoral Act, 2022, and Article 7 of the APC’s Constitution in participating in the April 14 governorship primary of the APC.

Achimugu in the suit dated April 28, and filed on his behalf by his lawyer, Mr. Josiah Daniel-Ebune, is claiming that Ododo’s failure to resign his appointment with the Kogi State government, 30 days to the primary, made him ineligible for the November 11, gubernatorial poll.

The APC, Ododo, the deputy governorship candidate, Salami Momodu Deedat and the Independent National Electoral Commission (INEC) are 1st, 2nd, 3rd and 4th respondents respectively.

Amongst the issues brought before the court for determination was that whether the 2nd defendant was eligible to participate in the forthcoming governorship election slated for November 11, 2023, in view of the fact that both at the time of submitting of nomination and expression of interest forms and the conduct and declaration of primary election results Ododo and Deedat remained civil/ public servants and employees of Kogi State Government, contrary to the provisions of Section 182 (2), Section 84 (10) and (11) of the Electoral Act, 2022 Guidelines for the nomination of candidates.

If the answer is in the affirmative, plaintiff wants the court to amongst others declare that the 2nd and 3rd defendants are not qualified or eligible to have participated in the primary election being persons both employed in public service of Kogi State, they failed and neglected to resign, withdraw or retire from employment at least 30 days to the April 14, 2023 when the primary election was conducted.

They are also asking the court to declare that the 2nd and 3rd defendants at the time of the concluded primary election of April 14, 2023 and April 15, when results was announced were not qualified or eligible, not validly nominated, and the purported nomination is unconstitutional, not eligible to bear the flag of the APC, as its gubernatorial candidate for Kogi State governorship election slated for November 11, 2023.

Another declaration “That the 2nd defendant is not eligible or qualified to contest for the office of Kogi State Governor, in the November 11, poll, being a person employed in the public service of Kogi State and failed to resign 30 days to the primary election.

Subsequently, they prayed the court to make an order nullifying and setting aside the screening and participation of the second and third defendants in the April 14, gubernatorial primary election for the nomination of the candidate of APC, having been in breach of Section 182 of the Constitution and Section 84 of the Electoral Act, 2022, Article 7 of the APC Constitution.

Another order disqualifying the 2nd defendant from contesting the office of Kogi State governor on November 11, 2023

“An order compelling the 4th defendant to remove the name of the 2nd defendant from the list of candidates vying for the governorship seat of Kogi State and substituting same with the name of the plaintiff.

“An order directing the 1st defendant to recognize and forward name of the plaintiff to the 4th defendant as APC’s valid and authentic gubernatorial candidate for the governorship election in Kogi State.

“An order of perpetual injunction restraining 2nd defendant from parading himself as gubernatorial candidate of the APC.”

Another order restraining APC and INEC from dealing with Ododo as the governorship candidate of the APC and that in the event Ododo is declared winner of the November 11, 2023 guber election, before the case is fully determined, the certificate of return issued to him by INEC should be withdrawn.

When the matter came up on Tuesday, before Justice Obiora Egwatu, plaintiff’s counsel, Daniel-Ebune, informed the court of an application dated and filed May 12, wherein it was seeking leave of the Court to amend the Originating Summons.

The request which was not opposed to by lawyers representing the 1st, 2nd and 3rd defendants, was granted.

While the first defendant, APC was represented by Mr Abdulwahab Mohammed, Ododo and Deedat were represented by M. Y. Abdullahi.

However, INEC was not represented, despite been served with the court processes.

Subsequently, Justice Egwatu, adjourned till June 14, for hearing just as he ordered plaintiff to serve INEC with the hearing notice.