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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.
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Yahaya Bello Vs EFCC: Court Adjourns Ruling and Continuation of Trials to June 26 , 27 and July 4 and 5

You cannot cross examine him based on the document,” Daudu SAN argued. Enitan SAN added that he had the right to draw the attention of the court to some specific paragraphs in the document.
The Federal High Court in Abuja has adjourned the hearing of the alleged money laundering case instituted against the immediate past Governor of Kogi State, Yahaya Bello, by the Economic and Financial Crimes Commission to June 26, 27 and July 4 and 5 for ruling on the request by the prosecution to “cross-examine” the 3rd witness and for continuation of trial.
Justice Emeka Nwite adjourned the hearing after listening to addresses by the prosecution and defence counsels on the Prosecution’s move to initially cross-examine the witness, a position that was rejected by the Defendant’s Counsel, Joseph Daudu, SAN.
When the matter was called for continuation of cross-examination, the Defendant’s counsel asked the witness, Nicholas Ojehomon, whether he had testified in other courts with respect to the issue of school fees paid by the Bello family to AISA, he said yes.
But the witness, an internal auditor at the American International School, Abuja, said he could not mention the exact courts.
He admitted testifying in a similar charge involving Ali Bello but added that he never said anything adversely against former Governor Yahaya Bello just as he had not said anything negative or adversely against him in the instant charge.
After Daudu SAN concluded the cross-examination of the witness, Nicholas Ojehomon, the EFCC’s lawyer, Olukayode Enitan, SAN, moved to also cross-examine the Commission’s witness on Exhibit 19.
He told the court that he was not re-examining the EFCC’s witness, but cross-examining him because the document was admitted in evidence.
“I am not re-examining him, I am cross-examining him because they brought this document,” he said.
The Defendant’s lawyer, however, drew the court’s attention to the fact that the prosecution counsel’s position was unknown to law, in line with the Evidence Act.
“If you want to cross-examine your own witness, you have to first declare him a hostile witness. You cannot cross examine him based on the document,” Daudu SAN argued. Enitan SAN added that he had the right to draw the attention of the court to some specific paragraphs in the document.
At this point, the judge asked: “Do you have any provision of the law to support this?””I will draw your lordship attention to Section 36 of the Constitution.
They sought to tender this document, we objected and the court granted their prayer. Fair hearing demands that the complainant too has the right to examine this because Section 36 of the Constitution talks of fair hearing,”
Enitan responded. “We are not saying that they cannot re-examine the witness. That is what Section 36 under the law says about fair hearing. But if it is to cross-examine him, he will have to show us the law that backs that.
“He cannot come under the guise of fair hearing to want to cross-examine the witness,” the Defendant’s lawyer maintained. The judge, at the end of the arguments, refused to allow cross-examination of the witness by the EFCC lawyer.”
Under the procedure, the witness gives evidence in chief and the defendant cross examines, then the prosecution re-examines.
“With due respect, what I will do is if you people are so skewed to continue with this, it is better to address me on this and I will take a position,” he stated.
At this point, the prosecution counsel agreed to re-examine the EFCC’s witness and the judge gave him the go-ahead.”You can re-examine him on that but not to ask questions that will show cross examination,” Justice Nwite said.
However, when the prosecution lawyer proceeded to re-examine the witness, and his questions pointed at cross-examination, as observed by Daudu SAN, the judge insisted that the parties had to address him on the specific issue.
The Defendant’s Counsel, in his address, maintained that the position was unknown to law.
“My lord, the procedure that is being sought by the prosecution by refering the witness to the document tender in Exhibit 19 and by asking him to read paragraph 1, without drawing his attention to the issue on how the document affected his evidence in chief, the question asked in cross-examination, and the ambiguity, which needs clarification, amounts to a strange and unknown procedure not covered by the Evidence Act,” he stated.
Enitan SAN, disagreed, saying that in the case of Amobi Amobi referred to by the defendant’s counsel, the Supreme Court held that the learned trial judge ought to have allowed a re-examination of Exhibit E.
He said when the defendant sought to introduce the document, the prosecution team “submitted that this document was not made by the witness and as such, he should not be allowed to speak to it under cross examination or allowed to be confronted with it.”
“Having brought it in now, during the case of the prosecution, particularly during the cross examination of PW-3, your lordship should not allow them to shut us out as that would amount to the court allowing them to blow hot and cold,” Pinheiro SAN said.
Justice Nwite thereafter adjourned to June 26, 27 and July 4 and 5 for ruling and continuation of trial.
The 3rd prosecution witness had, at the last hearing on Thursday, said there was no wired transfer of fees from the Kogi State Government or any of the local Governments in the state to the account of the American International School, Abuja.
He also read out a part of a previous Federal Capital Territory High Court judgment that said there was no court order for AISA to return fees to EFCC or any judgment declaring the money as proceeds of money laundering.
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Bill Gates to give away 99% of his wealth
“I have decided to give my money back to society much faster than I had originally planned,” Gates, 69, wrote in a statement.

The Gates Foundation plans to give away $313 billion over the next 20 years before shutting down entirely in 2045.
The move, according to Bloomberg, marks a new deadline for one of history’s largest and most influential charities.
That target would represent a doubling in spending for the non-profit foundation which has disbursed more than $100 billion since it was co-founded by Microsoft Founder Bill Gates and Melinda Gates in 2000.
Originally, the foundation was set to close 20 years after Gate’s death.
“I have decided to give my money back to society much faster than I had originally planned,” Gates, 69, wrote in a statement.
“I will give away virtually all my wealth through the Gates Foundation over the next 20 years to the cause of saving and improving lives around the world,” he added.
Credit: Bloomberg
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Peter Obi’s Comparison of Nigeria’s Educational System With Bangladesh, Turkiye
Bangladesh, which once lagged behind Nigeria in virtually every measurable development index, now surpasses us in all key areas of development and in the Human Development Index (HDI).

Peter Obi wrote on his X( Twitter) : “I just came across the official results from JAMB showing the recent exam figures.
In the data shared by JAMB, a total of 1,955,069 candidates sat for the exam.
Shockingly, out of this number, only about 420,000 candidates scored above 200, while over 1.5 million scored below 200.
This means that over 78% of the total candidates failed to meet the 200-mark threshold — a reflection of the deep-rooted challenges in our educational system.
The latest JAMB results once again highlight the consequences of decades of underinvestment in education, a sector that should be central to our national development strategy.
Currently, Nigeria’s total university enrollment stands at approximately 2 million students.
By comparison, the National University of Bangladesh — a single university — has over 3.4 million students enrolled, despite the country having only about 75% of Nigeria’s population.
One university in Bangladesh surpasses the entire university enrollment in Nigeria.
Bangladesh, which once lagged behind Nigeria in virtually every measurable development index, now surpasses us in all key areas of development and in the Human Development Index (HDI).
Similarly, Turkey (now Turkiye), with a population of about 87.7 million people, has over 7 million university students — more than three times Nigeria’s total university enrollment.
I have consistently said it: education is not just a social service; it is a strategic investment.
It is the most critical driver of national development and the most powerful tool for lifting people out of poverty.
We must now invest aggressively in education — at all levels — if we are serious about building a prosperous, secure, and equitable Nigeria.”
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