A Federal High Court in Abuja ruled on Tuesday that Mr Usman Ahmed Ododo is permitted to continue representing the All Progressives Congress (APC) as a candidate in the upcoming gubernatorial election in Kogi State.
The decision was made by Justice Obiora Egwuatu during the judgment of a lawsuit that sought to disqualify Ododo based on an alleged violation of electoral laws.
Ododo had emerged as the winner of the APC primary election held on April 14, which aimed to select the party’s candidate for the governorship election scheduled for November 11 in Kogi State.
However, dissatisfied with his victory, another APC aspirant named Mr Abubakar Achimugu approached the Federal High Court in Abuja, seeking the disqualification of Ododo from participating in the governorship election on the grounds that he failed to resign from his position in the Kogi State public service within the required 30-day period before contesting the primary.
During the court’s judgment on Tuesday, it was determined that Mr Usman Ahmed Ododo had indeed resigned from his position more than 30 days prior to participating in the APC primary, contrary to the claim made by Achimugu.
Justice Egwuatu pointed out that the evidence presented by the defendants included Ododo’s resignation letter, which was received by the Office of the Kogi State Governor on March 8, while the resignation letter of the third defendant, Mr Salami Deedat, was received on March 9.
The court acknowledged that once an employee or appointee’s resignation letter is received, it becomes effective, and the employee cannot be held responsible if the employer fails to take action, such as continuing to pay their 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.
Earlier, the court 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 agreed with the plaintiff that the cause of action actually occurred on April 14, when Ododo and Deedat contested the primary and not when they purchased the expression of interest and nomination form. “It is one thing to purchase form and it is another thing to participate in an election,” Egwuatu held.
