Afrigather Good Adeyemi, a former senator who represented Kogi West within the ninth Nationwide Meeting, will not be withdrawing his enchantment in opposition to the end result of the All Progressives Congress (APC) governorship main election in Kogi State, regardless of the Supreme Court docket’s hinting that the enchantment was incompetent.
The Supreme Court docket, on Thursday, September 28, 2023, suggested Adeyemi’s lawyer, Musibau Adetumbi, SAN, to withdraw the enchantment, stating that Adeyemi had did not problem the concurrent findings of the Federal Excessive Court docket and the Court docket of Attraction that main elections have been held in Kogi State.
Nevertheless, Adeyemi’s lawyer insisted on going forward with the enchantment.
F. O. Ekpa, counsel to Usman Ododo, who was led by M. Y. Abdullahi, SAN, argued that Adeyemi’s enchantment was tutorial contemplating that the aid sought by him was that recent primaries be carried out.
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He additionally argued that the time inside which to conduct the first election as stipulated by the Electoral Act 2022 had expired, therefore the court docket may now not grant Adeyemi’s prayer.
The Supreme Court docket adjourned the enchantment to October 23, 2023, for judgment.
In a unanimous judgment on August 18, 2023, the Court docket of Attraction had held that Adeyemi’s enchantment was utterly bereft of benefit. The court docket dismissed all of Adeyemi’s allegations, together with that Ododo was not lawfully nominated by the APC.
Adeyemi is now searching for an order of the Supreme Court docket, setting apart the judgments of the decrease courts, permitting his enchantment and granting all of the reliefs sought in his originating summons.
“Since their Lordships made a categorical discovering of info that the Appellant’s case, simpliciter, is that the first election in concern was not carried out in accordance with the legislation, the obligation to show the opposite lies with the Respondents who asserted positively that the stated main election was carried out in accordance with the legislation.
“With profound humility to our noble Lords of the Honourable Court docket beneath, their Lordships misapprehended the place lies the burden of proof within the case at hand. Therefore their Lordships got here to a incorrect conclusion in legislation and fairness,” Adeyemi argued.
