On Tuesday, the Federal High Court in Abuja dismissed the case Abubakar Achimugu had brought against the All Progressives Congress, its candidate for governor of Kogi State, Usman Ododo, Ozigi Deedat, and the Independent National Electoral Commission as being without merit.
Achimugu, a candidate for governor, sought the disqualification of Ododo and Ozigi Deedat, who finished first and second, respectively, in the primary election on April 14, 2023.
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He claimed that the pair, as individuals working for the Kogi State Government, did not resign, withdraw, or retire prior to the primary election.
The second and third defendants, however, were determined by Justice Egwuatu to have properly resigned from their positions in government, even more than 30 days prior to the primary election date, making them eligible to vote in the primary.
I have read the resignation letters addressed to the Kogi State Governor, the man declared. On March 8th, 2023, they were properly received. From the date of letter receipt, the resignation letters took effect.
Additionally, Justice Egwuatu ruled that the General Election, not a party’s primary election, was the deadline for a public employee to resign under the Constitution’s 30 day requirement.
According to him, no legal requirement existed for the letters of resignation to be submitted to INEC or the APC, who are not the claimant’s employers, so the claimant’s claim that they were not with those organisations was unsupported.
It was a party primary, not a general election, that took place on February 14, 2023.
Because the second and third defendants resigned in a proper manner, they are eligible to vote in the primary.
He therefore rejected the lawsuit because it lacked merit.
