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Supreme court hints that the suit filed by Smart Adeyemi in Kogi State is incompetent

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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.

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President Tinubu signs four TAX Bills into Law Tomorrow

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President Bola Tinubu will, on Thursday, sign into law four groundbreaking tax reform bills that will transform Nigeria’s fiscal and revenue framework.

According to the press release signed by Bayo Onanuga, Special Adviser to the President (Information and Strategy) the four bills, the Nigeria Tax Bill, the Nigeria Tax Administration Bill, the Nigeria Revenue Service (Establishment) Bill, and the Joint Revenue Board (Establishment) Bill, were passed by the National Assembly after extensive consultations with various interest groups and stakeholders.

When the new tax laws become operational, they are expected to significantly transform tax administration in the country, leading to increased revenue generation, improved business environment, and a boost in domestic and foreign investments.

The historic presidential assent to the bills at the Presidential Villa, Abuja, will be witnessed by the Senate President, Speaker of the House of Representatives, Senate Majority Leader, House Majority Leader, chairman of the Senate Committee on Finance, and his House counterpart.

The Chairman of the Governors Forum, the Chairman of the Progressives Governors Forum, the Minister of Finance and Coordination Minister of the Economy, and the Attorney General of the Federation will also attend the ceremony.

One of the four bills is the Nigeria Tax Bill (Ease of Doing Business), which aims to consolidate Nigeria’s fragmented tax laws into a harmonised statute.

By reducing the multiplicity of taxes and eliminating duplication, the bill will enhance the ease of doing business, reduce taxpayer compliance burdens, and create a more predictable fiscal environment.

The second bill, the Nigeria Tax Administration Bill, will establish a uniform legal and operational framework for tax administration across federal, state, and local governments.

The Nigeria Revenue Service (Establishment) Bill, the third bill, repeals the current Federal Inland Revenue Service Act and creates a more autonomous and performance-driven national revenue agency— the Nigeria Revenue Service (NRS).

It defines the NRS’s expanded mandate, including non-tax revenue collection, and lays out transparency, accountability, and efficiency mechanisms.

The fourth bill is the Joint Revenue Board (Establishment) Bill. It provides for a formal governance structure to facilitate cooperation between revenue authorities at all levels of government.

It introduces essential oversight mechanisms, including establishing a Tax Appeal Tribunal and an Office of the Tax Ombudsman.

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Lagos State Enforcement Team Busts Illegal Abattoir in Agege, Arrests Operators

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The Lagos State enforcement squad of the MOE&WR led by KAI operatives on Wednesday burst an illegal abbatoir which was being operated at a private residence at Succo road directly opposite the RRS Barracks and LASTMA Yard in Oko Oba, Agege, arresting some of those found slaughtering animals for public consumption in the location.

The operation followed a tip-off from a whistle blower.

“The enforcement team said, the contaminated meat from cows and goats have been confiscated to prevent it from entering the food chain”.

“This action of the operators of the abbatoir is in defiance of the closure of the Oko Oba Abbatoir and poses great health dangers and environmental risks to the law abiding residents of the area”.

“We need to make it clear that such disregard for public health and sanitation will not be tolerated in Lagos State” .

“Every Government’s primary responsibility is the protection of lives and properties and we will not shirk that responsbbility.”

“We will continue to ensure that only safe and approved public facilities are allowed to operate within our communities.”the statement reads.

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Former Kwara gov, Cornelius Adebayo, dies at 84

Born on February 24, 1941, in Igbaja, in Ifelodun Local Government Area of Kwara, Adebayo was known for his impactful service in both state and national capacities.

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Former Governor of Kwara State and ex-Minister of Communications, Cornelius Adebayo, has died.Adebayo died at the age of 84.

He died in the early hours of today (Wednesday).

Born on February 24, 1941, in Igbaja, in Ifelodun Local Government Area of Kwara, Adebayo was known for his impactful service in both state and national capacities.

He rose to political prominence in 1979 as a Senator under the Unity Party of Nigeria.

He later became Governor of Kwara State in 1983, a tenure cut short by a military coup.

Years later, he was appointed Minister of Communications under President Olusegun Obasanjo.

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