Kogi 2023: Court dismisses Achimugu suit, affirms Ododo as APC gov candidate
All legal matters between two candidates of the All Progressives Congress (APC), Usman Ododo and Abubakar Achimugu have been laid to rest following a judgment by the Federal High Court in Abuja, Nigeria’s capital on Tuesday, affirming the former as the candidate of the party ahead of the November 11 governorship election in Kogi state.
The judgment delivered by Justice Obiora Egwuatu dismissed the suit brought before it by Achimugu.
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Justice Egwuatu held that there was evidence before the court that Ododo validly resigned as Auditor General of Local Government in Kogi state before he participated in the APC primary.
It would be recalled that Ododo who was the former Auditor General of Local Government in Kogi State emerged winner of the party’s governorship primary conducted in the state on April 14.
Achimugu who was dissatisfied with the outcome of the poll filed a suit against Ododo on the grounds that he did not validly resign as a civil servant in the state according to the stipulated period of 30 days before he participated in the election.
Achimugu had claimed that Ododo’s failure to resign within the stipulated period amounted to a breach of Section 182 of the 1999 Constitution, as amended, and Section 84 of the Electoral Act, 2022, as well as Article 7 of APC’s Constitution.
To this, Achimugu prayed 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 governorship candidate for Kogi State governorship election slated for November 11, 2023.
He further prayed the court to make an order nullifying and setting aside the screening and participation of the 2nd and 3rd 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.
But Justice Egwuatu in his ruling held that there was evidence before the court that Ododo validly resigned from service before he participated in the primary.
The court held that exhibits that were adduced before it established that Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8.
The resignation of the defendant, according to the court, took effect from the moment his letter that conveyed the notice was received by the Kogi State Government.
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