Justice Obiora Egwuatu of the Federal High Court in Abuja has ruled in favor of Mr. Ahmed Usman Ododo, allowing him to lawfully continue representing the All Progressives Congress (APC) in the upcoming governorship election in Kogi State.

The judgment was delivered in response to a lawsuit filed by Mr. Abubakar Achimugu, another APC aspirant, seeking Ododo’s disqualification over an alleged breach of electoral laws.

Achimugu claimed that Ododo did not resign from his employment with the Kogi State public service 30 days before contesting the APC primary election held on April 14…CONTINUE READING

In his ruling, Justice Egwuatu stated that the evidence presented by the defendants proved that Ododo had indeed resigned his appointment more than 30 days before participating in the APC primary.

The court noted that Ododo’s resignation letter was received by the Office of the Kogi State Governor on March 8, while that of the 3rd defendant, Mr. Salami Deedat, was received on March 9.

The court clarified that an employee’s resignation takes effect upon receipt of the notice and that the employee cannot be held responsible if the employer fails to act on it, such as continuing with salary payments.

Therefore, the court dismissed the suit, affirming that Ododo and Deedat resigned more than 30 days before the April 14 primary, making the suit baseless.

Earlier, the court had dismissed the preliminary objection of the defendants, which claimed that the suit was filed beyond the required 14-day period.

The judge agreed with the plaintiff that the cause of action occurred on April 14 during the primary, not when Ododo and Deedat purchased the expression of interest and nomination form.

The lawsuit marked: FHC/ABJ/CS/584/2023 accused Ododo of violating Section 182 of the Constitution, Section 84 of the Electoral Act 2022, and Article 7 of the APC’s Constitution by participating in the April 14 governorship primary.

Achimugu argued that Ododo’s failure to resign from his position with the Kogi State Government within the stipulated time rendered him ineligible for the November 11 gubernatorial poll.

The defendants in the suit included the APC, Ododo, the Deputy governorship candidate, Salami Momodu Deedat, and the Independent National Electoral Commission (INEC).