Posted by On Tuesday, Justice Obiora Egwuatu of the Federal High Court in Abuja ruled that Mr. Ahmed Usman Ododo is within his rights to run for governor of Kogi State under the banner of the All Progressives Congress (APC).
This ruling came down from Justice Egwuatu, who was presiding over a case seeking Ododo’s disqualification for a violation of electoral regulations.
The APC primary election for the governorship election in Kogi State, scheduled for November 11, was won by Ododo on April 14.
An APC candidate, Mr. Abubakar Achimugu, was unhappy with Ododo’s victory in the primary and filed a petition with the Federal High Court in Abuja, Nigeria, asking that Ododo be disqualified from running in the governorship election on November 11 on the grounds that he had not resigned from his position with the Kogi State public service 30 days prior to the primary.
On Tuesday, the court issued its ruling in the case, finding that Ododo had resigned his position with the city more than 30 days before voting in the APC primary, contradicting Achimugu’s allegations.
On March 8, Ododo’s resignation letter was received by the Office of the Kogi State Governor, according to materials given by the defendants, as stated by Justice Egwuatu. On March 9, the resignation letter of the third defendant, Mr. Salami Deedat, was received.
Despite the court’s recognition that a resignation letter becomes effective upon receipt, the employee will not be held liable if the employer fails to act on it and continues paying the employee’s wage.
The primary election was on April 14, and the candidates were so pleased with the outcome that they resigned their positions on March 8 and 9.This lawsuit has no basis in law and must be thrown out.
The court previously overruled the defendants’ preliminary objection, which argued that the suit was time-barred since it was submitted more than 14 days after the statue of limitations had expired.
The judge sided with the plaintiff and found that the cause of action occurred on April 14, when Ododo and Deedat fought the primary, and not when they bought the expression of interest and nomination form. Egwuatu argued, “Buying a ballot is different from voting in an election.”
The plaintiff in case number FHC/ABJ/CS/584/2023 alleged that by taking part in the APC’s governorship primary on April 14, Ododo had violated Section 182 of the Constitution, Section 84 of the Electoral Act, 2022, and Article 7 of the APC’s Constitution.
Achimugu claimed that Ododo was disqualified for the guber election on November 11 because he had not resigned from his position with the Kogi State Government 30 days before the primary.
First to react were the APC, second was Ododo, third was Deputy Governorship Candidate Salami Momodu Deedat, and fourth was the Independent National Electoral Commission (INEC).