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September 29, 2023 Supreme Court Fixes October 23 For Judgment In Kogi APC Governorship Primaries Dispute

Supreme Court Fixes October 23 For Judgment In Kogi APC Governorship Primaries Dispute

The apex court has fixed October 23 for Judgment in a suit filed by Senator Smart Adeyemi challenging the validity of the election which produced Usman Ododo as APC’s flag bearer for the November 11 governorship election in Kogi State.

Adeyemi, who recently represented Kogi West Senatorial District in the Senate, is claiming that the result brought out by APC in support of Ododo was fraudulent and invalid on the ground that the primary election was conducted in only 11 out of 239 wards in the state.

In his submission, Counsel for the APC, Abdulwahab Mohammed prayed the Court to dismiss Adeyemi’s appeal on the ground that it is against the concurrent findings of fact by the Court of Appeal and the Supreme Court.

Speaking later about the case, Smart Adeyemi, says there was a miscarriage of justice.

 

 

September 29, 2023 Supreme Court Dismisses Achimugu’s Case Against Kogi APC Candidate, Ododo

Supreme Court Dismisses Achimugu’s Case Against Kogi APC Candidate, Ododo

The Supreme Court has dismissed the appeal by a governorship aspirant of the All Progressives Congress (APC) in Kogi State, Abubakar Achimugu, seeking to nullify the primary election of the party which produced Usman Ododo as its governorship candidate for the November 11election in the state.

The appeal was dismissed by a panel of Supreme Court justices led by Justice Inyang Okoro.

Achimugu had approached the Federal High Court to disqualify Ododo on the ground that he did not resign his employment with the Kogi State public service 30 days before contesting the governorship primary election.

But the court held that evidence showed that Ododo resigned more than 30 days before participating in the APC primary election and therefore dismissed the suit.

According to the court, exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8, that of the 3rd defendant, Salami Deedat was received on March 9.

At the Supreme Court’s hearing of the appeal, Achimugu’s lawyer said that the respondents did not resign their appointments but later agreed that they resigned.

In view of this omission, the appellant’s Counsel was advised to withdraw the appeal, and accordingly, Achimugu withdrew his appeal and the case was dismissed.

September 29, 2023 APM Asks Supreme Court To Nullify Tinubu’s Victory

APM Asks Supreme Court To Nullify Tinubu’s Victory

The Allied Peoples Movement (APM) has filed 10 grounds of Appeal before the Supreme Court challenging the decision of the Presidential Election Petition Court (PEPC), asking that the victory of President Bola Tinubu, be nullified.

In a notice of appeal filed by its new counsel, Chukwuma-Machukwu Ume, the APM is asking the apex court to set aside the judgment of the PEPC for it called its numerous errors in law.

The party said that sections 131 and 142 (1) of the 1999 Constitution are inextricably linked and neither can be confined as a pre-election matter, as these qualifications are conditions precedent to, for being elected into the office of President.

The appellant’s petition was not one founded solely on nomination, but primarily that President Tinubu contested the presidential election without a lawful running mate.

The party added that the withdrawal of Ibrahim Kabir Masari and the expiry of the 14 days permissible for changing, withdrawing, or dead candidates under Section 33 of the Electoral Act 2022, made Tinubu’s election and return, invalid.

According to the party, the PEPC abandoned its duty and jurisdiction of hearing and determining its question of whether President Tinubu and Kashim Shettima were “validly elected” to the office of President and Vice President under the Constitution.

 

September 29, 2023 Tribunal Dismisses Ashiru’s Petition, Affirms UBA’s Election

Tribunal Dismisses Ashiru’s Petition, Affirms UBA’s Election

The Kaduna State Governorship Election Petition Tribunal sitting in the state capital has dismissed the petition of the Peoples’ Democratic Party (PDP) and its candidate in the 2023 election, Isah Ashiru against the victory of Governor Uba Sani of the All Progressives Congress (APC).

In a dissenting judgment of two against one, a three-member panel headed by Justice Victor Oviawie dismissed the petition on the ground that the pre-hearing notice was filed out of time and therefore deemed to be abandoned.

The tribunal chairman and another member held that the appeal brought by PDP and Ashiru against the dismissal of their petition at the preliminary stage by the first and second defendants was not meritorious because the filing of the pre-hearing notice was abandoned and out of time.

However, the tribunal noted that if the petition had not been dismissed for lack of merit, it would have ordered a supplementary election in 22 polling units within 90 days in the substantive judgment.

PDP and Ashiru are challenging the declaration of Governor UBA as the winner of the March 18th governorship election.

Lawyers to the two parties spoke after the judgment. First was the the APC counsel.

Governor Sani equally expressed happiness over the judgment.

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