A Federal High Court in the Federal Capital Territory (FCT) Abuja, on Wednesday, dismissed a suit filed by an aspirant in the All Progressives Congress (APC) governorship primary election in Kogi State, Senator Smart Adeyemi, against the emergence of the candidate of the party, Usman Ododo, saying it lacked merit.
Delivering judgement in the suit marked “FHC/CS/556/2023 Smart Adeyemi v. APC & 2 Ors”, Justice J.K. Omotosho held that Adeyemi’s allegations were criminal in nature, as he alleged that elections did not hold and that the primary election results were forged.
He said the Applicant needed to prove the allegations of forgery and falsification of results,
beyond reasonable doubts.
The court noted that the burden rested on the Applicant to produce the forged result or the original and the forged results to discharge the burden, adding that failure to discharge the burden “is fatal to the case of the Applicant.”
Justice Omotosho also held that the allegation that the election did not hold was also not substantiated as the Applicant only provided evidence from his Ward in Ijumu LGA of the State.
