A Federal High Court sitting in Abuja, has dismissed the suit filed by a former member of the National Assembly representing Kogi West Senatorial District, Senator Smart Adeyemi seeking the nullification of the All Progressives Congress, APC, gubernatorial primary election.
Senator Smart Adeyemi filed the suit alongside, son of former Kogi State Governor, Shuaibu Abubakar, and three others.
Other governorship aspirants who filed similar suits were former Minister of State for Education, Professor Stephen Ocheni, Deputy National Publicity Secretary of APC, Martala Ajaka and Dr Sanusi Ohiara.
In the suits, the plaintiffs had asked the court to declare as illegal, unlawful and invalid the purported direct primary election said to have been conducted by APC and which produced Ahmed Usman Ododo as the governorship candidate of the APC in November this year.
Delivering judgment, Justice James Omotosho held that the plaintiffs did not adduce substantial evidence to prove their allegation of falsification of primary election results.
Justice Omotosho said the allegations of the plaintiffs were criminal in nature and therefore ought to be proved beyond every reasonable doubt through material, oral and documentary evidence.
Justice Omotosho held that the plaintiff failed to discharge the burden of proof that was placed on him by the law.
The court stated that there was enough evidence before it to show that Adeyemi did not appear before the Committee to prove his allegations.
The court said it found no reason to invalidate the outcome of the primary election.
Consequently, Justice Omotosho dismissed the suit for being unmeritorious.
