July 18, (THEWILL) – The Federal High Court in Abuja, has dismissed a case filed by Abubakar Achimugu, seeking the disqualification of the All Progressives Congress (APC) governorship Candidate, Usman Ododo and his running mate, Ozigi Deedat, from the November 11 gubernatorial election in Kogi State.
Achimugu, who was a governorship aspirant of the APC, had sought the disqualification of Ododo and Ozigi Deedat, who came 1st and second during the primary election of the APC, held on 14th April 2023.
According to Achimugu, Ododo and his running mate, being persons employed in the Public Service of the Kogi State Government, did not resign, withdraw or retire before the conduct of the primary election of the APC.
The Defendants in the suit marked FHC/CS/585/2023 are the APC, Ododo and his running mate Deedat.
Ruling in the suit on Tuesday, Justice Obiora Egwuatu, held that the 2nd and 3rd defendants duly resigned from their positions in government, even over a period of 30 days before the date of the primaries, hence they were qualified to participate in the primary election.
He said, “Did the 2nd and 3rd Defendants resign as Political Office Holders?
“I have looked at the resignation letters, addressed to the Governor of Kogi State. They were duly received on the 8th of March 2023. The resignation letters became effective from the date of receipt of the letter.”
The court noted that the Claimant’s argument that the letters of resignation were not with the APC and INEC was not supported by any law as there was no requirement that same be submitted to INEC or the APC, who are not their employers.
Justice Egwuatu also held that the 30 days required for the resignation of a public servant contained in the Constitution was 30 days before the General Election, not a party’s primary election.
Delivering his judgement, he said, “The election which held on 14th February 2023 was not a general election but a party primary. The 2nd and 3rd Defendants duly resigned, hence they are qualified to participate in the primary election.”
The suit was therefore dismissed for lacking in merit.
THEWILL recalls that a similar court had last week dismissed suit filed by former Senator representing Kogi West in the 9th Assembly, Smart Adeyemi.
