A Federal High Court in the Federal Capital Territory (FCT), on Wednesday, dismissed a suit filed by an aspirant in the All Progressives Congress' governorship primaries in Kogi State, Senator Smart Adeyemi, against the emergence of the candidate of the party, Usman Ododo, saying it lacks 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 produced results were forged.
He said the Applicant needed to prove the allegations of forgery, falsification of results,
beyond reasonable doubts.
The court noted that the burden rests 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.
He said, in any case, this evidence was denied by the Respondents who attached the monitoring reports of INeC, which has the duty to monitor the election.
"In this case, INEC attached its monitoring report and also attached copies of the result, police report confirming the conduct of the election signed by the Commissioner of Police, the case of the Applicant has no basis," he said.
Justice Omotosho therefore dismissed the case for lacking in merit.
Concluding, he said, "In the final analysis, having reviewed all the evidence in this matter, I have no doubt that the APC primary election result held in all the wards of Kogi State on the 14th day of April 2023 and I so hold.
"This Honourable Court will not allow the will of a few just like that of the Applicant to overide the will of the majority. The Applicant's case has no merit. It is hereby dismissed."
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