Two aspirants vying for the All Progressives Congress (APC) governorship ticket in Kogi State's April 14, 2023 primary election, Senator Smart Adeyemi and Abubakar Achimugu, have taken their case to the Supreme Court, seeking the disqualification of Usman Ododo as the party's candidate for the upcoming November 11 polls. In separate appeals to the Supreme Court, Adeyemi challenges the legitimacy of the primary election that led to Ododo's victory, while Achimugu contests Ododo's eligibility as a candidate.

Previously, both Adeyemi and Achimugu had separately filed lawsuits at a Federal High Court in Abuja. Adeyemi argued that the primary election that produced Ododo violated Section 177 of the 1999 Constitution and contravened Sections 29 and 84 of the Electoral Act, as well as Article 20 of the APC constitution. On the other hand, Achimugu questioned Ododo's eligibility, citing his failure to resign as an Auditor General for Local Government before contesting the primary.

However, the Federal High Court in Abuja, in separate judgments delivered by Justice James Omotosho on July 12, dismissed the petitions by Adeyemi and Achimugu, citing a lack of evidence. Unsatisfied, both candidates appealed to the Court of Appeal, but in a unanimous decision delivered by Justice Muhammed Shuaibu on August 18, the Appeal Court upheld the lower court's verdicts.

Now, Adeyemi and Achimugu have taken their cases to the Supreme Court to challenge Ododo's candidacy. Adeyemi questions the validity of the primary election, emphasizing that it was conducted in only 11 wards within one local government, Kogi/Kotonkarfe, out of 239 wards in the state. He raises concerns about the election's adherence to the Electoral Act and asks the Supreme Court to determine whether a statewide primary election declared solely based on the results from 11 wards is sufficient to nominate a governorship candidate, excluding 228 electoral wards.

Adeyemi also seeks the Supreme Court's intervention to cancel the April 14 direct primary election of the APC in Kogi State and order a fresh election conducted through direct, indirect, or consensus modes to nominate a candidate chosen by the majority of APC members in Kogi State.

Meanwhile, Achimugu contends that Ododo did not resign from the civil service when purchasing and submitting his expression of interest and nomination forms. He argues that claims of Ododo's resignation submitted to Governor Yahaya Bello are not credible, as the proper channel for resignation is through the Civil Service Commission, with copies sent to the Independent National Electoral Commission (INEC) and the party.