Another sacks NNPP candidate over unlawful substitution

A Federal High Court sitting in Abuja, yesterday, affirmed Ahmed Ododo as All Progressives Congress (APC) candidate in the November 11 off-season governorship election in Kogi State.

Justice Obiora Egwuatu made the decision while delivering judgment in a suit seeking Ododo’s disqualification over alleged breach of electoral laws.

Ododo had emerged winner of the April 14, 2023 APC primary for the election.

A displeased APC aspirant, Abubakar Achimugu, had approached the Federal High Court, Abuja, asking that Ododo be disqualified from contesting the election on grounds that he did not resign his employment with the state public service 30 days to the primary.

In its ruling, yesterday, the court held that, contrary to Achimugu’s claim, evidence showed that Ododo resigned his appointment more than 30 days before the APC primary.

According to Egwuatu, exhibits tendered by the defendants showed that while Ododo’s resignation letter was received by Office of the Governor on March 8, the 3rd defendant’s was received on March 9.

The court, while noting that an employee or appointee’s resignation letter comes into effect the moment the notice is received, held that the employee would not be held responsible if the employer neglected to act on it by continuing with the payment of salary.

“Satisfied that they resigned their appointment on March 8 and 9, more than 30 days before the April 14 primary, the suit is bereft of any merit and, accordingly, dismissed,” the judge ruled.

Earlier, the court had dismissed the preliminary objection of the defendants claiming that the suit was statute-barred, having been filed more than 14 days as required by law.

The judge held: “It is one thing to purchase form and it is another thing to participate in an election.”

APC, Ododo, Salami Deedat and Independent National Electoral Commission (INEC) were 1st, 2nd, 3rd and 4th respondents respectively.

Among the issues brought before the court for determination is whether the 2nd defendant is eligible to participate in the governorship election slated for November 11, 2023, in view of the fact that both the time of submitting of nomination and expression of interest forms and the conduct and declaration of primary election results, Ododo and Deedat remained employees of Kogi government, contrary to the provisions of Sections 182 (2), 84 (10 and 11) of the Electoral Act, 2022 guidelines for the nomination of candidates.

But another court sacked Musa Mubarak as New Nigeria Peoples Party (NNPP) in the election over unlawful substitution.

Justice James Omotosho removed Mubarak from the November 11 governorship race on the ground that his name was fraudulently submitted to the Independent National Electoral Commission (INEC) as NNPP candidate.

In a judgment, yesterday, Omotoso ordered that Hassan Abdullahi be restored as the party’s flagbearer, having lawfully won the primary election of the party conducted on April 16, 2023.

Omotoso found that Abdullahi won the nomination with 303 votes, while Mubarak came second with only 10 votes.

The court ruled that submission of Mubarak’s name over that of Abdullahi was the highest point of injustice and a glaring fraud that must not be allowed to stand.

The judge held that since Abdullahi won the popular and undisputed primary election and his name submitted, only death or voluntary withdrawal could remove his name from those published as gubernatorial candidates.

While ordering immediate publication of the plaintiff’s name, Omotoso issued an order of perpetual injunction against NNPP, INEC and their agents from further depriving the plaintiff the fruits of his success at the primary.