Politics
Kogi 2023: Appeal Court dashes Achimugu’s hope, dismisses case against Ododo’s candidacy
Kogi 2023: Appeal Court dashes Achimugu’s hope, dismisses case against Ododo’s candidacy
The Court of Appeal in Abuja, on Friday, dismissed the appeal filed by a governorship aspirant of the All Progressives Congress in Kogi State, Abubakar Achimugu.
Achimugu had seek to nullify the primary election of the party, which produced Usman Ododo as the APC Governorship candidate for the election slated for November 11 in the state.
The court held in a unanimous judgment that the appeal challenging the judgment of the Federal High Court in Abuja lacked merit and dismissed it accordingly.
Justice Muhammed Lawal Shuaibu, leading a three-member panel of Justices of the court held that Achimugu’s appeal was bereft of merit and affirmed the judgement of the trial court.
Achimugu’s case was dismissed on the same day the appeal filed by a former Senator who represented Kogi West in the 9th National Assembly, Smart Adeyemi, was also thrown out for lacking in merit.
The appeal was against the judgment of Justice Obiora Egwuatu delivered on 18th July which held that, Ododo can lawfully continue to fly the flag of the APC in the November 11, 2023 governorship election in Kogi State.
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The appellate court, in a unanimous judgment delivered on Friday held that Achimugu’s appeal was bereft of merit and affirmed the judgement of the trial court.
Achimugu had approached the trial court with a suit seeking to disqualify Ododo from contesting the November 11 governorship election on the ground that he did not resign his employment with the Kogi State public service 30 days before contesting the governorship primary election.
But the trial court, in its judgment, held that, contrary to the claim of Achimugu, evidence showed that Ododo resigned his appointment more than 30 days before participating in the APC primary.
According to Justice Egwuatu, exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8, that of the 3rd defendant, Mr Salami Deedat, was received on March 9.
“Satisfied that they resigned their appointment on March 8 and 9, more than 30 days before the April 14 primary election of the APC, the suit is bereft of any merit and is accordingly dismissed,” the court held.
Achimugu, in a Notice of Appeal filed on July 21 through his counsel, Josiah Daniel-Ebune, said Justice Egwuatu erred in law and occasioned a miscarriage of justice when he held that Ododo and Salami Deedat (2nd and 3rd defendants) duly resigned their appointment and thus, not caught up with the mandatory provision of what the law requires them to do before they participated in the APC governorship primary election for Kogi State held on April 15, 2023.
He asked the appellate court for an order setting aside the judgement of the trial court and granting all his reliefs sought in his amended originating summons.
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In the case of Adeyemi, the Appeal Court held that the former lawmaker failed to prove the criminal allegations in his case.
Justice Shuaib held that the burden of proof was on the plaintiff who alleged irregularities in the conduct of the primary election of the APC for the nomination of its governorship candidate.
He said, “The evidence placed before the trial court by the respondents was not controverted by the appellant in this circumstance, issue one is hereby resolved against the appellant.
“Where commission of a crime is an issue, it must be proved beyond reasonable doubt. Allegation of falsification of votes is a criminal act and it is required in law to be proved beyond reasonable doubt, which the appellant could not prove, consequently, issue two is resolved against the appellant.”
“On the whole, the appeal is un-meritorious and it is hereby dismissed. The judgement of the lower court is hereby affirmed. Parties are to bear their respective costs,”Justice Shuaibu held.
Justice James Omotosho of the Federal High Court in Abuja had, in a judgment delivered on July 12, held that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.
Adeyemi had alleged in his suit that the primary election that purportedly produced Ododo as the APC governorship candidate did not hold and that the results were forged.
Kogi 2023: Appeal Court dashes Achimugu’s hope, dismisses case against Ododo’s candidacy
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2027: Dino Melaye heads to court over NRS chairman’s role in Tinubu campaign team
2027: Dino Melaye heads to court over NRS chairman’s role in Tinubu campaign team
Former Kogi West Senator Dino Melaye has announced plans to approach the court over the appointment of Nigeria Revenue Service (NRS) Executive Chairman Zacch Adedeji as Deputy Director of Fundraising in President Bola Tinubu’s 2027 presidential campaign council.
Melaye argued that Adedeji’s position as the head of Nigeria’s revenue-collecting agency raises serious questions about his participation in a partisan campaign organisation, particularly because the fundraising role involves mobilising financial support for Tinubu’s re-election bid.
The former senator, who is now a prominent member of the opposition African Democratic Congress (ADC), disclosed his plan in a video shared on his Facebook page.
He said he would commence legal proceedings on Monday, August 24, to challenge what he described as a potential conflict of interest involving the NRS chairman.
“The most disturbing part of the list released by the APC is seeing the chairman of the Nigerian Revenue Service, the body that collects our revenue, serving as Deputy Director in charge of fundraising for Tinubu’s presidential campaign,” Melaye said.
“Is there no conflict in this? As a lawyer, by the grace of God, on Monday, I’m heading to court. We have to test that. If that is not a conflict of interest, then I don’t know what would be.”
Melaye further argued that Adedeji is a public official who receives a government salary and is expected to comply with the rules governing public service.
He questioned how a serving head of a federal revenue agency could simultaneously occupy a senior political position in a presidential campaign structure.
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“That a civil servant, a man who earns a salary and is supposed to adhere to public service rules, is not just supporting a presidential candidate but serving as Deputy Director in charge of fundraising,” he added.
The controversy followed the unveiling of the APC Presidential Campaign Council for the 2027 election.
Under the structure announced by the ruling party, President Bola Tinubu is the chairman of the campaign council, while Vice President Kashim Shettima serves as Vice Chairman I and APC National Chairman Nentawe Yilwatda as Vice Chairman II.
Former Zamfara State Governor Abdulaziz Yari was named Director-General, while Imo State Governor Hope Uzodimma was appointed Secretary.
Ogun State Governor Dapo Abiodun was named Director of Fundraising, with Adedeji appointed Deputy Director of Fundraising.
Other senior figures were also given responsibilities across mobilisation, administration, election planning, logistics, parliamentary mobilisation and other areas of the campaign.
The APC has presented the structure as part of its preparations to secure victory for Tinubu in the 2027 presidential election.
Melaye, however, has criticised both the composition of the council and Tinubu’s decision to serve as chairman of his own re-election campaign structure.
He questioned the size of the campaign council and argued that the arrangement raised concerns about how the ruling party was organising its campaign ahead of the election.
His planned lawsuit, however, is specifically focused on the role of the NRS chairman in the campaign fundraising structure.
The proposed legal action could bring renewed attention to the rules governing the participation of serving public officials in partisan political activities.
The legal question will ultimately depend on the specific provisions Melaye relies upon and the interpretation placed on those provisions by the court if the suit is formally filed.
ADC attacks Tinubu campaign council
The controversy over Adedeji’s appointment comes alongside a separate criticism of the campaign council by the African Democratic Congress.
The opposition party accused the APC of using the campaign structure to provide political rehabilitation for individuals who, according to the ADC, still face unresolved questions relating to allegations of corruption and financial misconduct.
The party specifically questioned the inclusion of former Humanitarian Affairs Minister Betta Edu and former Nigeria Social Insurance Trust Fund chairman Ngozi Olejeme.
ADC National Publicity Secretary Bolaji Abdullahi said the government should explain the status of previous investigations involving the two former officials if they had been cleared of wrongdoing.
“If they have been cleared, the government should show how and when and by whom they were cleared,” Abdullahi said.
The opposition party argued that Nigerians deserved transparency regarding the outcome of corruption investigations before individuals previously associated with such controversies returned to prominent political positions.
The ADC alleged that some financial-crime investigations under the Tinubu administration had gradually disappeared from public attention before some of the individuals involved resurfaced in political activities.
The party said political usefulness should not replace accountability, particularly where allegations involving public funds had previously been raised.
ADC says 2027 election will test Tinubu’s record
The ADC also argued that the 2027 presidential election would be a referendum on Tinubu’s record since taking office in May 2023.
The opposition party said political mobilisation and campaign appointments would not erase the economic challenges facing Nigerians.
It pointed to concerns over the cost of living, inflation, food prices, transportation costs and household economic pressure, arguing that voters would ultimately judge the administration on its performance.
The party also renewed its call for measures aimed at cushioning the impact of economic reforms on Nigerians, including a targeted and controlled intervention on fuel prices.
The ADC proposed that any such intervention should have a clear spending limit, budgetary backing and independent auditing to ensure transparency.
The opposition party maintained that the 2027 election would therefore be fought not only around political alliances and campaign structures but also around governance, accountability and economic performance.
Melaye’s legal threat adds to growing 2027 contest
Melaye’s proposed court action introduces a legal dimension to the growing political contest ahead of the 2027 general election.
At the centre of the dispute is whether a serving head of a federal revenue agency can simultaneously perform a senior role in the campaign organisation of a presidential candidate, particularly one involving fundraising.
Melaye has said he intends to ask the court to determine whether the arrangement is compatible with the rules governing public officials.
As of Sunday, August 23, there was no indication that a court had already ruled on the matter. Melaye’s comments therefore amount to an announcement of planned legal action, rather than confirmation of a concluded court case.
The controversy is expected to attract further attention as political parties intensify preparations for the 2027 election and opposition groups increase scrutiny of the APC’s campaign structure.
For now, the APC has unveiled its campaign machinery, while Melaye has promised to test the legality of Adedeji’s appointment in court.
The dispute over the NRS chairman’s campaign role is likely to become part of the wider debate over public-sector neutrality, political participation by serving officials and the boundaries between government responsibilities and partisan electioneering ahead of 2027.
2027: Dino Melaye heads to court over NRS chairman’s role in Tinubu campaign team
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