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Supreme court hints that the suit filed by Smart Adeyemi in Kogi State is incompetent
The Supreme Court has on Thursday hinted that the appeal filed by a former Senator who represented Kogi West in the 9th National Assembly, Smart Adeyemi, against the judgement of the two lower courts on the All Progressives Congress’ primary election, which held in Kogi State on April 15, 2023, was incompetent.
Adeyemi had filed a suit at the Federal High Court seeking to nullify the primary election of the APC, which produced Usman Ododo as the party’s flagbearer for the state’s governorship election slated for November 11. The case was dismissed by both the Federal High Court and the Court of Appeal for lacking in merit.
The apex court, while hearing his appeal, on Thursday, told his lawyer, Musibau Adetumbi, SAN, that his client was appealing against concurrent findings of the Federal High Court and the Court of Appeal, which held that primary elections were held in Kogi State but that he had failed to challenge these concurrent findings or demonstrate that same was perverse.
The court which was presided over by Justice Inyang Okoro stated that by just looking at the brief, Adeyemi’s Appeal was “dead on arrival”, and hinted his Counsel on the need to withdraw the incompetent appeal.
Adeyemi’s Counsel however said he would go ahead to argue the appeal. The appeal was accordingly heard.
Counsel to Ododo, F. O. Ekpa who was led by M. Y. Abdullahi, SAN, while adopting his brief of argument, informed the court that Adeyemi’s appeal was academic considering that the relief sought by him was that fresh primaries be conducted. Counsel argued that the time within which to conduct the primary election as stipulated by the Electoral Act 2022 had expired, hence the court could no longer grant Adeyemi’s prayer.
Having heard the arguments of the Counsel, the Supreme Court therefore adjourned the appeal to 23rd October, 2023 for judgment.
Chief Anthony Adeniyi, SAN, represented the Independent National Electoral Commission, Abdulwahab Mohammed, SAN, represented the All Progressives Congress, while M.Y. Abdullahi, SAN, represented the APC Governorship Candidate, Usman Ododo.
The Court of Appeal had, on August 18, 2023, held that the appeal argued by Adekunle Oladapo Otitoju on behalf of Senator Adeyemi was completely bereft of merit.
In a unanimous judgment of a 3-man panel of Justices of the Court, Adeyemi was said to have failed woefully to establish all grievous criminal allegations made against the conduct of the primary election by APC and its leaders.
Justice Mohammed Lawal Shuaib who delivered the lead judgment resolved all the three issues in dispute against Adeyemi.
Justice Shuaib said that the allegations of manipulations and falsifications of the primary election results made by Adeyemi, being criminal in nature, ought to have been proved beyond reasonable doubt as required by law.
He also dismissed another allegation by the Appellant that he was denied fair hearing by the Appeal Committee of the APC based on his petition against the alleged unlawful conduct of the primary election.
Justice Shuaib said that the issue of denial of fair hearing was not raised in his originating summons at the Federal High Court, hence, could not be raised as a fresh issue at the Court of Appeal.
In the absence of cogent and verifiable evidence on the part of Adeyemi, the Court of Appeal held that his allegations remained mere assertions that could not enjoy any probative value.
The Court of Appeal upheld the judgment of Justice James Omotosho of the Federal High Court in Abuja delivered on July 12, which had held that Adeyemi did not prove his allegations that Ododo was not lawfully nominated by the APC.
Senator Adeyemi had, therefore, sought an order of the Supreme Court, setting aside the judgments of the lower courts, allowing his appeal and granting all the reliefs sought in his originating summons.
“Since their Lordships made a categorical finding of facts that the Appellant’s case, simpliciter, is that the primary election in issue was not conducted in accordance with the law, the duty to prove the contrary lies with the Respondents who asserted positively that the said primary election was conducted in accordance with the law.
“With profound humility to our noble Lords of the Honourable Court below, their Lordships misapprehended where lies the burden of proof in the case at hand. Hence their Lordships came to a wrong conclusion in law and equity,” he argued.
News
Homicide: Killer husband on the run for alleged murder of wife
Ayobami Ayanwale was allegedly stabbed to death in front of her children by her husband.
Tragedy struck at number 21 Olutayo Alao Street, River Valley Estate, mainland Lagos.
A mother of three simply identified as Ayobami Ayanwale was allegedly stabbed to death in front of her children by her husband.
Eye-witness neighbours who confirmed the incident said that her body has since been deposited at a mortuary after she was pronounced dead on arrival at a hospital at Olowoora area of the community.
Following the incident, the alledged killer husband has fled, leaving the survived three children with the dead wife’s elder brother at Akute.
The case was reported to Adigboluja Police station Ojodu-Abiodun.
News
Armed Forces Celebration and Remembrance Day on January 15
The Director Defence Information (DDI), Maj Gen Samaila Uba, disclosed this emphasising that the redesignation was to reflect the dual dual essence of the occasion in honouring the living while also acknowledging the fallen heroes.
Previously known as ‘Armed Forces Remembrance Day‘, the name has been officially changed to ‘Armed Forces Celebration and Remembrance Day.’
The Director Defence Information (DDI), Maj Gen Samaila Uba, disclosed this emphasising that the redesignation was to reflect the dual dual essence of the occasion in honouring the living while also acknowledging the fallen heroes.
“January 15 is set aside annually by the Federal Government of Nigeria to honour the living personnel of the Armed Forces of Nigeria (AFN) while acknowledging the sacrifices of those who have paid the supreme price to safeguard the nation’s territorial integrity as well as the lives and properties of its citizens.
He urged the media to adopt “Armed Forces Celebration and Remembrance Day” in all their future reportage.
“The AFN once again appreciates the media’s unwavering support in the fight against insecurity and looks forward to even stronger collaboration ahead, he said.
News
Farouk Ahmed: Dangote Takes Petition Against Ex-NMDPRA Boss to EFCC
In the petition signed by Lead Counsel Dr. O.J. Onoja S.A.N, Dangote urged the EFCC to investigate allegations of abuse of office and corrupt enrichment against Mr. Ahmed and prosecute him if found culpable.
- • Aliko Dangote and Farouk Ahmed when the going was good.
The Chairman of Dangote Industries Limited (DIL), Aliko Dangote, through his legal representative, has filed a formal corruption petition against former Managing Director of the Midstream Downstream Petroleum Regulatory Authority (NMDPRA), Farouk Ahmed, at the headquarters of the Economic and Financial Crimes Commission (EFCC).
This move follows the withdrawal of the same petition from the Independent Corrupt Practices and Other Related Offences Commission (ICPC), a strategic decision aimed at accelerating the prosecution process.
In the petition signed by Lead Counsel Dr. O.J. Onoja S.A.N, Dangote urged the EFCC to investigate allegations of abuse of office and corrupt enrichment against Mr. Ahmed and prosecute him if found culpable.
“We make bold to state that the commission is strategically positioned along with sister agencies to prosecute financial crimes and corruption related offences, and upon establishing a prima facie case, the courts do not hesitate to punish offenders. See Lawan v. F.R.N (2024) 12 NWLR (Pt. 1953) 501 and Shema v. F.R.N. (2018) 9 NWLR (Pt.1624)337.”
Onoja further urged the commission, under the leadership of Mr. Olanipekun Olukoyede, “…to investigate the complaint of Abuse of Office and Corruption against Engr. Farouk Ahmed and to accordingly prosecute him if found wanting”
The petition also stated that: “The commission’s firm resolve in handling this matter with dispatch is not only imperative and expedient but will also serve as a deterrent to other public officers out there with such corrupt proneness and tendencies”
The development reinforces Dangote’s unwavering commitment to transparency and accountability in Nigeria’s oil and gas sector.
It will be recalled that on December 14, 2025, Dangote raised concerns about Mr. Ahmed’s financial dealings, alleging that the former regulator is living far beyond his legitimate means.
According to Dangote, four of Mr. Ahmed’s children attended elite secondary schools in Switzerland, incurring costs running into several millions of dollars—an expenditure that raises questions about potential conflicts of interest and the integrity of regulatory oversight in the downstream petroleum industry.
Dangote listed the schools attended by Mr. Ahmed’s children: Faisal Farouk (Montreux School), Farouk Jr. (Aiglon College), Ashraf Farouk (Institut Le Rosey), and Farhana Farouk (La Garenne International School), noting that each child spent six years in these institutions.
He estimated annual tuition, travel, and upkeep per child at $200,000, totaling approximately $5 million for their secondary education.
Additionally, Dangote alleged that Mr. Ahmed spent another $2 million on tertiary education for the four children, including $210,000 for Faisal’s 2025 Harvard MBA program.
“Nigerians deserve to know the source of these funds, especially when many parents in Mr. Ahmed’s home state of Sokoto struggle to pay as little as ₦10,000 in school fees,” Dangote stated.
The petition calls for a comprehensive investigation to ensure accountability and restore public confidence in Nigeria’s regulatory institutions.
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