The Supreme Court as adjourned an appeal filed by Senator Smart Adeyemi against the judgments of the lower courts on the Kogi All Progressives Congress (APC) Governorship primary election, to October 23, 2023, for judgment.
The appeal which is marked with Suit No.: SC/CV/893/2023 was filed by Senator Smart Adeyemi. Counsel to Parties made their final submissions today Thursday, 28th of September, 2023.
The suit is challenging the validity of the election which produced Usman Ododo as APC’s flag bearer for the November 11, 2023 gubernatorial election. His grouse is that the provisions of the Electoral Act and the guidelines of the APC were compromised during the primary election.
Adeyemi is, by the appeal filed by his team of lawyers led by Musibau Adetunbi (SAN), seeking to upturn the judgment of the Court of Appeal in Abuja which upheld Ododo’s nomination.
At the day’s hearing of the Appeal, Counsel to Adeyemi, Musibau Adetumbi, adopted his briefs and prayed the court to grant the reliefs sought by Adeyemi.
The Senior lawyer argued that the primary election of April 14 was conducted in gross violation of section 84 of the Electoral Act, 2022. He claimed that the election was not held in 228 wards and that the claim was supported by INEC’s field officers in their report on the primary election.
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.
Counsel for the Independent National Electoral Commission (INEC) in adopting his brief of argument, told the court that the appeal was incompetent and that the decision of the two lower courts should be affirmed.
Counsel to Usman Ododo, also called for the dismissal of the Appeal on the ground that it has become academic. He added that the 180 days within which APC can conduct another primary election for nomination of candidate has since lapsed.
After taking the arguments from the parties, Justice Inyang Okoro announced that the final Judgment will be delivered on October 3rd, 2023.