A Federal High Court sitting in Abuja has dismissed a suit filed by an aspirant in the All Progressives Congress’ governorship primaries in Kogi State, Senator Smart Adeyemi, against the emergence of the candidate of the party, Usman Ododo.
Delivering judgement in the suit, Justice James Omotosho held that it lacks merit and that Adeyemi failed to prove the allegations of forgery, falsification of results, beyond reasonable doubts.
The court noted that the burden of proof rests on the plaintiff to produce the forged results or the original to discharge prove his case.
Justice Omotosho also held that the allegation that the election did not hold was also not substantiated saying that the plaintiff only provided evidence from his Ward in Ijumu LGA.
The judge further held that Adeyemi’s allegations were criminal in nature for alleging that the elections did not hold and that the produced results were forged.
He said that the defendant in the case denied the allegations by attaching the monitoring reports of INeC, which has the duty to monitor the election.
The court observed that INEC attached its monitoring report, copies of the results and police report confirming the conduct of the election signed by the Commissioner of Police noting that the case of the plaintiff has no basis.
In his final judgement, justice Omotosho says the court will not allow the will of a few like that of the plaintiff to over -ride the will of the majority.
