The candidate of the All Progressives Congress (APC) in the upcoming governorship election in Kogi State, Usman Ododo, has sought the dismissal of a suit in the Federal High Court in Abuja over his disqualification from the race.
Ododo at Wednesday’s proceedings before Justice Obiora Egwatu, asked the court through his lawyer M. Y Abdullahi, SAN, to dismiss the suit because the plaintiff jumped the gun in the way and manner the suit was instituted, noting that the cause of action had not arisen at the time the case was filed.
According to Ododo, he properly and legitimately resigned from the employment of Kogi State as required by law and thus eminently qualified for the forthcoming poll, hence he broke no law at the time he picked the Expression of Interest form of his party and also at the time he stood for the primary election and won, OsunDailyNG gathered.
The APC chieftain told the court that he tendered his resignation letter on March 8, 2023, through the office of the State Governor and it was received by the appropriate body the same day.
He also argued that the plaintiff in the suit could not contradict his claim of resignation with any documentary evidence, especially with pay slips or salary payments.
Backing his point, Ododo cited section 306 of the 1999 Constitution, while explaining that whether or not his resignation was acknowledged, or accepted, it took effect from the day of submission.
He, therefore, asked the court to rely on his 19 paragraphs affidavit and dismiss the case of the plaintiff for lacking in merit and for being incompetent and baseless.
Ododo’s position was adopted by APC through its counsel, Abdulwahab Mohammed, SAN, who prayed that the suit be dismissed with substantial cost.
However, the plaintiff’s counsel, Daniel- Ebune, relied on 16 exhibits in support of the Originating Summons/case.
He insisted that Ododo breached sections 20, 21, 124, and 147 of the 1999 Constitution and section 159 of the Evidence Act and urged the Judge to invoke the provisions of the law to disqualify the gubernatorial candidate.
Justice Obiora Egwuatu, after taking arguments from the lawyers, fixed July 18 to deliver judgment in the matter.
