Kogi 2023: APC Guber Candidate, Ododo, asks Court to dismiss suit seeking his disqualification
…says it’s baseless, lacks merit
…Court adjourns to July 18 for judgment
The candidate of the All Progressives Congress (APC) in the November 11, 2023 governorship election in Kogi State, Usman Ododo, has asked a Federal High Court in Abuja to dismiss a suit seeking his disqualification from the race.
Ododo, through his lawyer, M. Y Abdullahi, SAN, told the Court that, contrary to the allegations in the suit, he resigned legitimately from the employment of Kogi State as required by law and thus eminently qualified for the forthcoming poll.
At the hearing of the suit on Wednesday, the APC candidate maintained that he broke no law at the time he picked the Expression of Interest form of his party and also at the time he stood for the primary election and won.
The Governorship flagbearer said that he tendered his resignation letter on March 8, 2023 through the office of the State Governor and that same was received by the appropriate body the same day.
He drew the attention of the Court to section 306 of the 1999 Constitution, adding that whether his resignation was acknowledged, accepted or not, it had started taking effect from the date of submission of the letter.
Ododo said that the plaintiff in the suit could not contradict his claim of resignation with any documentary evidence, especially with pay slips or salary payment.
Besides, the APC Governorship candidate argued that the plaintiff jumped the gun in the way and manner he instituted the suit, adding that the cause of action had not arisen at the time the case was filed.
He therefore asked the court to rely on his 19 paragraphs affidavit and dismiss the case of the plaintiff for lacking in merit and for being incompetent and baseless.
The position of the governorship candidate was adopted by APC through its counsel, Abdulwahab Mohammed, SAN, who prayed that the suit be dismissed with substantial cost.
At Wednesday’s proceedings before Justice Obiora Egwatu, the plaintiff’s counsel, Daniel-
Ebune, relied on 16 exhibits in support of the Originating Summons/case.
He insisted that Ododo breached sections 20, 21, 124, 147 of the 1999 Constitution and section 159 of the Evidence Act and urged the Judge to invoke the provisions of the law to disqualify the gubernatorial candidate.
Justice Obiora Egwuatu, after taking arguments from the lawyers, fixed July 18 to deliver judgment in the matter.