Key Highlights
- Two members of APC in Kogi state have approached the court seeking to void the primary election held recently.
- They posed some questions before the court and sought some relief among which was a declaration.
- The court directed them to serve a notice of hearing on the respondents and slated April 27 for a hearing of the originating summons of the plaintiffs.
Two members of the All Progressives Congress (APC) have asked an Abuja High Court to void the party’s Governorship Primary election held on April 14.
Recall the party had on April 11 and on April 15, a Special Congress was held to ratify the candidate with the highest number of votes at the Gubernatorial Primary Election.
Hon Usman-Ododo emerged winner of the poll and was declared the winner after polling 78, 704 votes to defeat other contestants.
The two APC members, Realwan Akpanachi and Yahaya Seidu-Nuhu approached the court alleging that there was a violation of the Electoral Act 2022 and the constitution of the Federal Republic of Nigeria during the primaries.
Consequently, they asked the court to disqualify the 1st – 6th defendants who were also contestants.
The suit
While the duo is the plaintiff in the suit, the defendants are; the Independent National Electoral Commission (INEC) and six other contestants at the election.
They are Abdulkareem Jamiu(Chief of Staff), Jibril Momoh (Account-General), Yakubu Okala (Auditor-General), Asiwaju Idris (Finance Commissioner), Salami Ozigi (Commissioner for Local Government and Chieftaincy Affairs) and Ahmed Usman-Ododo (Auditor-General for Local Government Areas).
In an originating Summons filed by the plaintiff’s Counsel, Mr. Promise Ogbodu, they alleged that the six defendants were still political appointees/public servants at the time they contested the Governorship Primary election.
They posed some questions before the court which are;
“Whether the 1st – 6th defendants being political appointees/public officers currently in the service of the Kogi Government, can validly participate in the convention or congress of the APC to vie for the nomination as the governorship candidate for the Nov, 11 Governorship election.”
“Whether having regard to Section 84 (12) of the Electoral Act (2022) the 7th Respondent (APC) can validly nominate any of the 1st to 6th Respondents as her Candidate for the Kogi State Governorship Election in the face of their failure as political appointees/public servants, to resign from service of the state government at the time of the primary election, ”
Reliefs sought They also prayed to the court for some reliefs;
“A declaration, that “being political appointees/public officers currently in the service of the Kogi Government, the 1st to 6th respondents, cannot validly vie for the APC’s nomination as its Governorship Candidate, for the Kogi Election Governorship scheduled for Nov. 11.”
“A declaration that the 7th Respondent cannot validly nominate any of the 1st to 6th Respondents as her Candidate for the Kogi State Governorship Election in the face of their failure as political appointees/public servants, to resign from service of the Kogi Government at the time of the primary election.
“An Order, disqualifying any of the 1st to 6th Respondents from seeking for the nomination of, and being nominated by the 7th Respondent as its Governorship Candidate for the Kogi Governorship Election, scheduled for Nov. 11, ” they further prayed.
Backstory
Following the APC party primary election held in Kogi state, Patrick Obahiagha, the secretary of the seven-member committee said out of the 93, 729 voters, 83, 419 who were accredited, voted for candidates of their choice.
He declared Usman-Ododo the winner of the election after scoring 78, 704 votes.
Announcing the score of others he said Mr. Momodu scored 1, 506 votes, Yahaya-Ashemogu scored 1,159, Abubakar-Audu, 763 votes, Stephen Ocheni garnered 552 votes, Sanusi Ohiere, 424, and Smart Adeyemi 311 votes.
