Kogi Election: The court upholds Ododo’s eligibility to take part in the APC guber primary
Comment
Justice Obiora Egwuatu of the Federal High Court in Abuja ruled on Tuesday that Mr. Ahmed Usman Ododo is legally permitted to represent the All Progressives Congress (APC) in the upcoming governorship election in Kogi State.
The judgment was delivered in response to a lawsuit seeking the disqualification of Ododo over an alleged breach of electoral laws. Ododo had emerged as the winner of the APC primary election held on April 14 to select the party’s candidate for the November 11 governorship poll in Kogi State.
The lawsuit was filed by Mr. Abubakar Achimugu, an APC aspirant, who contested that Ododo should be disqualified from the November 11 governorship election on the grounds that he did not resign from his employment with the Kogi State public service 30 days before participating in the governorship primary.
In his ruling, Justice Egwuatu stated that evidence presented showed that Ododo had indeed resigned his appointment more than 30 days prior to the APC primary. The court acknowledged that Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8, while the resignation of the third defendant, Mr. Salami Deedat, was received on March 9.
Justice Egwuatu clarified that an employee’s resignation becomes effective once the notice is received, and the employee should not be held responsible if the employer neglects to act on it, including the continued payment of salary.
The court concluded that Ododo and Deedat had resigned their appointments on March 8 and 9, respectively, more than 30 days before the April 14 primary. Consequently, the lawsuit was deemed meritless and dismissed.
Furthermore, the court dismissed the defendants’ preliminary objection claiming that the suit was filed beyond the 14-day period required by law. Justice Egwuatu concurred with the plaintiff’s argument that the cause of action occurred on April 14, during the primary, rather than when the expression of interest and nomination form was purchased. The judge emphasized the distinction between purchasing the form and actively participating in an election.
The plaintiff, in the suit marked FHC/ABJ/CS/584/2023, contended that Ododo had breached Section 182 of the Constitution, Section 84 of the Electoral Act 2022, and Article 7 of the APC’s Constitution by participating in the April 14 governorship primary. Achimugu argued that Ododo’s failure to resign from his position with the Kogi State Government 30 days before the primary rendered him ineligible for the November 11 gubernatorial poll.
The first, second, third, and fourth respondents in the lawsuit were the APC, Ododo, Salami Momodu Deedat (the deputy governorship candidate), and the Independent National Electoral Commission (INEC), respectively.
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