The judge ruled that there was proof in the case that Ododo had lawfully resigned from his position as Kogi State’s auditor general of local government before to running in the APC primary.
Usman Ododo, a former auditor general of local government in Kogi State, has been endorsed as the All Progressives Congress (APC) candidate for the state’s governorship election on November 11, 2023 by Justice Obiora Egwuatu of the Federal High Court Abuja.
In her ruling, Justice Egwuatu dismissed a lawsuit that had been submitted by Abubakar Achimugu, an APC candidate for governor.
The party’s primary held in the state on April 14 saw Ododo come out on top.
But after the election’s results, the plaintiff filed a lawsuit in court, claiming that the APC candidate had failed to formally resign from his position with the Kogi State Public Service at least 30 days before the election.
Achimugu alleged in the lawsuit that Ododo had violated Article 7 of the APC Constitution, Section 84 of the Electoral Act of 2022, and Section 182 of the 1999 Constitution, as amended, by failing to retire within the legally required period.
The plaintiff specifically asked the court to rule that the second and third defendants were ineligible to run for governor of Kogi State in the APC’s November 11, 2023 primary election because they were not qualified or eligible at the time of the concluded primary election on April 14, 2023, and April 15 when results were announced.
In addition, he requested that the court issue an order invalidating and disqualifying the second and third defendants’ screening and participation in the APC’s primary election for governor on April 14 because they did so in violation of Section 182 of the Constitution, Section 84 of the Electoral Act of 2022, and Article 7 of the APC Constitution.
In his ruling, Justice Egwuatu stated that there was proof in front of the court that Ododo had legitimately resigned from his position before taking part in the primary.
The court determined that evidence presented to it proved that Ododo’s resignation letter was received by the Kogi State Governor’s Office on March 8.
The defendant’s resignation, according to the court, became effective when the Kogi State Government received the letter he sent to that effect.
As a result, it rejected the lawsuit as being without merit.