The former lawmaker representing Kogi West Senatorial District, Senator Smart Adeyemi, says he would approach the Court of Appeal in Abuja to nullify the governorship primary election the All Progressives Congress, APC, held in the state.
Mr Adeyemi,dissatisfied with the judgment of the Federal High Court in Abuja, which affirmed the primary election that produced Ahmed Usman Ododo as candidate of the party for the governorship election billed to hold in the state in November.
Justice James Omotosho had in a judgment , held that Mr Adeyemi did not prove his allegation that Mr Ododo was not lawfully nominated by the APC.
The plaintiff had sought the cancellation of the primary election on the premise that it was not validly conducted.
He prayed the court to declare as illegal, unlawful and invalid, the purported direct primary election said to have been conducted by the APC, through which Mr Ododo emerged as a candidate for the governorship poll.
In his judgment, Justice Omotosho held that the plaintiff did not by way of credible evidence, establish his allegation.
The court held that contrary to the position of the plaintiff, there was evidence that the primary election was validly held and monitored by the Independent National Electoral Commission, INEC.
It held that allegations the plaintiff raised in the suit were criminal in nature and therefore ought to be proved beyond every reasonable doubt.
Justice Omotosho noted that the plaintiff failed to discharge the burden of proof that was placed on him by the law.
Consequently, it dismissed the suit as lacking in merit.
However, reacting to the judgment, Senator Adeyemi, through his counsel, said he would take the case to the appellate court.
He insisted that the trial court failed to properly evaluate the proof of evidence that was placed before it by the parties, insisting that there were inconsistencies in the report that was tendered by the INEC and affidavit that was deposed by the APC.
