The plaintiffs alleged that the Kogi APC governorship candidate and other public office holders sued in the case violated the Electoral Act.
Two members of the All Progressives Congress (APC) have pleaded with a High Court in Abuja to disqualify the party's governorship candidate in Kogi State, Ahmed Usman-Ododo, and other public office holders who participated in the 11 April primary election without resigning from their positions.
Mr Usman-Ododo, the Auditor-General for Local Government Areas in the state, backed by the state governor, Yahaya Bello, won the primary election, after other major contenders in the race for the party's ticket withdrew for him.
Realwan Akpanachi and Yahaya Seidu-Nuhu, in an originating Summons filed by their counsel, Promise Ogbodu, sued six of the contestants as 1st - 6th defendants.
The 1st - 6th defendants include Mr Usman-Ododo, and others who withdrew from the race for him.
They are Abdulkareem Jamiu (Chief of Staff), Jibril Momoh (Account-General), Yakubu Okala (Auditor-General), Asiwaju Idris (Finance Commissioner), Salami Ozigi (Commissioner for Local Government and Chieftaincy Affairs) and Mr Usman-Ododo (Auditor-General for Local Government Areas).
Other defendants are the APC and the Independent National Electoral Commission (INEC) as the 7th and the 8th defendants respectively.
The News Agency of Nigeria (NAN) reports that the court had directed that a notice of hearing be served on all the respondents for them to appear on April 27 for the hearing.
The plaintiffs are alleging violation of the Electoral Act 2022 and the constitution of the federal Republic of Nigeria in the primary election.
They claimed that the first six defendants were still political appointees/public servants at the time they contested the governorship primary election of 11 April.
They asked the court to determine whether the 1st - 6th defendants "being political appointees/public officers currently in the service of the Kogi Government, can validly participate in the convention or congress of the APC for the purpose of vying for the nomination as governorship candidate for the Nov, 11 Governorship election."
"Whether having regard to Section 84 (12) of the Electoral Act (2022) the 7th Respondent (APC) can validly nominate any of the 1st to 6th Respondents as her Candidate for the Kogi State Governorship Election in the face of their failure as political appointees/public servants, to resign from service of the state government at the time of the primary election, " the asked.
They also prayed the court to make a declaration, that "being political appointees/public officers currently in the service of the Kogi Government, the 1st to 6th respondents, cannot validly vie for the APC's nomination as its Governorship Candidate, for the Kogi Election Governorship scheduled for Nov. 11."
"A declaration that the 7th Respondent cannot validly nominate any of the 1st to 6th Respondents as her Candidate for the Kogi State Governorship Election in the face of their failure as political appointees/public servants, to resign from service of the Kogi Government at the time of the primary election.
"An Order, disqualifying any of the 1st to 6th Respondents from seeking for the nomination of, and being nominated by the 7th Respondent as its Governorship Candidate for the Kogi Governorship Election, scheduled for Nov. 11, " they further prayed.
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NAN reports that Mr Usman-Ododo had emerged winner of the Kogi APC governorship primary election after the other five respondents including the Deputy Governor, Edward Onoja, and one other stepped down for him.
According to Patrick Obahiagbon, Secretary of the Kogi APC Primary Election Committee, which comprised seven members, Mr Usman-Ododo scored 78, 704 votes to beat six other contestants.
Mr Obahiagbon, who announced the result of the governorship primary on Saturday morning in Lokoja, said Momodu got 1, 506 votes, Yahaya-Ashemogu, 1, 159, and Abubakar-Audu, 763 votes.
He added that Stephen Ocheni garnered 552 votes, Sanusi Ohiere, 424, and Smart Adeyemi 311 votes.
Mr Obahiagbon said that out of the 93, 729 voters, 83, 419 who were accredited, voted for candidates of their choice.
(NAN)
