Senator Smart Adeyemi, a governorship aspirant on the platform of the All Progressives Congress (APC) in Kogi State, on Friday lost his suit at the Court of Appeal, Abuja, challenging the victory of Usman Ododo at the APC governorship primary election on November 11 in Kogi State.
The Court of Appeal, dismissed the appeal brought before it by Adeyemi, seeking to upturn the judgement of the Federal High Court, Abuja, of July 12 which held that Adeyemi did not prove his allegations that Ododo was not lawfully nominated by the APC.
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The three-man panel of the Appeal Court, in a unanimous judgement, asserted that Adeyemi failed woefully to establish all grievous criminal allegations made against the conduct of the primary election by APC and its leaders.
Justice Mohammed Lawal Shuaib, delivering the lead judgement, ruling all three issues in dispute against Adeyemi, declared that the allegations of manipulations and falsifications of the primary election results made by Adeyemi, being criminal in nature, ought to have been proved beyond a reasonable doubt as required by law.
Justice Shuaib dismissed another allegation by Adeyemi that he was denied a fair hearing by the Appeal Committee of the APC based on his petition against the alleged unlawful conduct of the primary election.
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Justice Shuaib maintained that the issue of denial of a fair hearing was not raised in his originating summons at the Federal High Court, and could, therefore, not be raised as a fresh issue at the Court of Appeal.
In the absence of cogent and verifiable evidence on the part of Adeyemi, the Court of Appeal held that his allegations remained mere assertions that could not enjoy any probative value.
Justice Shuaib, therefore, dismissed the appeal for want of merit.
The Court of Appeal, accordingly, upheld the judgement of Justice James Omotosho of the Federal High Court, Abuja, on July 12, which held that Adeyemi did not prove his allegations that Ododo was not lawfully nominated by the APC.