The coast is now clear for the Governorship candidate of the All Progressives Congress (APC) in Kogi State, Usman Ododo to contest the forthcoming guber polls in the state.
This followed the Supreme Court dismissal of the appeal filed by a governorship aspirant under the APC in the state, Abubakar Achimugu, seeking to nullify the primary election of the party, which produced Ododo as the APC governorship candidate.
The appeal was dismissed by a panel of the court, having been withdrawn by the Appellant.
Achimugu had approached the trial court with a suit seeking 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 trial court, in its judgment, held that, contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary election and therefore dismissed the suit.
According to Justice Egwuatu, 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, Mr Salami Deedat, was received on March 9.
The Appeal Court also held, in a unanimous judgment, that the appeal challenging the judgment of the Federal High Court in Abuja lacked merit and dismissed it accordingly.
The Supreme Court queried the appellant’s counsel on why his issues for determination in the appellant’s brief did not have any challenge as to why the decision of both the Federal High Court and the Court of Appeal was perverse.
Given this omission, the appellant’s counsel was advised to withdraw the appeal. Accordingly, Achimugu withdrew his appeal and the case was dismissed.