Senator Smart Adeyemi and Abubakar Achimugu have failed to nullify the nomination of Ahmed Usman Ododo as the All Progressives Congress candidate for the November 11 gubernatorial polls.
In two judgments on Friday, a three-member panel of the Court of Appeal in Abuja issued two judgments, ruling that the appeals brought forth by Adeyemi and Achimugu lacked merit and subsequently dismissed them.
Adeyemi’s appeal, marked: CA/ABJ/CV/818/2013 was against the July 12 judgment by Justice James Omotosho of the Federal High Court, Abuja, dismissing the suit marked: FHC/CS/556/2023, which Adeyemi filed for the nullification of the primary election from which Ododo emerged as the APC candidate.
Achimugu’s appeal, marked: CA/ABJ/CV/822/2023 was against the July 18, judgement by Justice Obiora Egwuatu also of the Federal High Court, Abuja, upholding Ododo’s nomination.
Delivering the lead judgment of the Court of Appeal, in the appeal by Adeyemi, Justice Muhammed Shuaibu ruled that the appellant failed to prove the criminal allegations in his case.
Justice Shaibu was of the view that the burden was on Adeyemi, who alleged irregularities in the conduct of the APC primary election that produced Ododo, to prove his allegations with credible evidence.
He noted that Adeyemi failed to controvert the evidence by the APC and Ododo that a valid primary was held and that the candidate (Ododo) resigned his appointment as required by law.
“The evidence placed before the trial court (the Federal High Court) by the respondents, was not controverted by the appellant (Adeyemi) in this circumstance, issue one is hereby resolved against the appellant.
“Where the commission of a crime is an issue, it must be proved beyond a reasonable doubt. Allegation of falsification of votes is a criminal act and it is required in law to be proved beyond a reasonable doubt, which the appellant could not prove, consequently, issue two is resolved against the appellant.
“On the whole, the appeal is unmeritorious and it is hereby dismissed. The judgement of the lower court is hereby affirmed. Parties are to bear their respective cost,” Justice Shuaibu said.
The same views were expressed in relation to the appeal by Achimugu.
