The Federal High Court in Abuja’s Justice Obiora Egwuatu ruled on Tuesday that Mr. Ahmed Usman Ododo can legally continue to fly the All Progressives Congress (APC) banner in the upcoming governorship election in Kogi State.
While rendering a ruling in a lawsuit seeking Ododo’s disqualification due to an alleged violation of the election laws, Justice Egwuatu made the decision.
In the APC primary election held on April 14 to select the party’s nominee for the Kogi State governorship election on November 11, Ododo had won.
However, an APC candidate named Mr. Abubakar Achimugu had petitioned the Federal High Court in Abuja to request that Ododo be disqualified from running in the November 11 governorship election on the grounds that he had not resigned from his position with the Kogi State public service 30 days prior to entering the governorship primary. Achimugu was unhappy with Ododo’s emergence.
In its ruling on the case on Tuesday, the court stated that, in contrast to Achimugu’s assertions, the evidence indicated that Ododo quit his position more than 30 days before taking part in the APC primary.
According to documentation submitted by the defendants, the third defendant, Mr. Salami Deedat, got his resignation letter on March 9 as opposed to Ododo’s resignation letter, which was received by the Office of the Kogi State Governor on March 8.
The court concluded that an employee or appointee would not be held liable if the employer failed to act on their resignation by continuing to pay salaries, even though the resignation letter is effective the moment it is received by the employer.
“Satisfied that they withdrew from consideration on March 8 and 9, more than 30 days before the April 14 primary, the suit is without merit and is, therefore, dismissed,” the statement reads.
The defendants’ preliminary objection that the lawsuit was time-barred since it was filed more than 14 days past the deadline allowed by law was previously overruled by the court.
The judgement concurred with the plaintiff that the cause of action actually arose on April 14 when Ododo and Deedat participated in the primary race rather than when they paid for the statement of interest and nomination form. Egwuatu stated, “It is one thing to buy a form, and it is another thing to take part in an election.
By participating in the APC’s governorship primary on April 14, according to the plaintiff in the lawsuit designated FHC/ABJ/CS/584/2023, Ododo violated Article 7 of the APC’s constitution as well as Sections 182 and 84 of the Electoral Act of 2022.
30 days prior to the primary, Achimugu claimed that Ododo was unqualified to run for governor on November 11 because he had not resigned his position with the Kogi State Government.
The APC, Ododo, Salami Momodu Deedat, a contender for the position of deputy governor, and the Independent National Electoral Commission (INEC) came in first, second, third, and fourth, respectively.
