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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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Here’s When To Watch Lunar Crescent Across Nigeria on Friday, February 28, according to NASRDA
The last cities to experience the lunar crescent, he said, would be Lagos and Abeokuta between the hours of 6:59 pm to 7:30 pm.
The National Space Research and Development Agency (NASRDA) said that Nigeria would likely witness its first astronomical lunar crescent on Friday evenings, February 28.
The Director of Media and Corporate Communications of NASRDA, Dr. Felix Ale, disclosed this in a statement, saying that the lunar crescent had been calculated to occur at 1:45 A.M. West African Time (WAT).
He said that the predicted time of 1:45 A.M time, also known as the Crescent Zero hour, would be when the crescent could be seen under perfect atmospheric conditions with the aid of optical instruments like binoculars or telescopes.
“The crescent will become visible to the naked eye in the evening of Friday, February 28, 2025, between 6:17 PM and 7:35 PM across different locations in Nigeria.
“Maiduguri will be the first city to witness the young lunar crescent from 6:17 PM to 6:48 PM, followed by Yola, Adamawa State, from 6:21 PM to 6:51 PM.
“Damaturu, Yobe, will follow from 6:22 PM to 6:53 PM, Kano, Kastina, Jos and Kaduna will experience the first lunar crescent between 6:38 pm and 7:12 pm.
“The sunset and moon set will occur between 6:35 pm and 7:12 pm, 6:38 pm and 7:15 pm, 6:35 pm and 7:11 pm, 6:40 pm and 7:17 pm respectively.
“Enugu will experience the lunar crescent between 6:42 pm and 7:32 pm with sunset and moonset at about 6:42 pm and 7:18 pm,’’ he said.
He predicted that in the FCT, the first lunar crescent would appear between 6:44 pm and 7:15 pm, with sunset and moonset at about 6:44 pm and 7:20 pm.
The last cities to experience the lunar crescent, he said, would be Lagos and Abeokuta between the hours of 6:59 pm to 7:30 pm.
Ale said that other cities across the federation will experience the lunar crescent at different times within the estimated visibility window of 6:17 pm and 7:35 pm on the same day.
He said “For a clear sighting of the first lunar crescent, observers are to use optical aids where necessary, and observe under clear atmospheric conditions.
“Observers are to position themselves in locations with an unobstructed view of the western horizon after sunset.
“He added that the scientific report provided precise predictions on the lunar crescent across locations of the country.
According to him, the report ensured accuracy for those who relied on lunar observations for religious, cultural, and scientific purposes.
The space agency encouraged researchers, scholars, and religious groups to utilise the findings, adding that anyone requiring additional data for further analyses could visit the official office website.
Director, the Centre for Basic Space Science and Astronomy (CBSSA), an activity centre of NASRDA, Dr Bonaventure Okere, said it was regarded as the first stage of the moon, hence the new crescent.
Okere said the appearance of the new crescent was highly significant in the Islamic religion because it was used to determine some rites and practices like the beginning of the Ramadan fast.
“The Islamic religion uses moon phases for their Islamic rites but astronomers study the cycle of the rising and setting of the moon to determine moon days, which is usually 28 days.
“Astronomers use the moon cycle to generate the Lunar calendar, understand the part of the moon you can see daily,’’ he said.
News
Kogi State Mourns Loss of Media Icon Prof. Tom Adaba
Prof. Adaba, who passed away at the age of 83, was celebrated for his trailblazing contributions to Nigeria’s media landscape.
The Kogi State Government has expressed a huge sense of loss following the demise of Prof. Tom Adaba, a pioneering broadcast expert, patriot, and distinguished son of Kogi.
Prof. Adaba, who passed away at the age of 83, was celebrated for his trailblazing contributions to Nigeria’s media landscape.
Prof. Adaba’s legacy is marked by groundbreaking achievements.
He was one of the first Nigerians to earn a Doctorate in Mass Communication, setting a high standard for academic excellence in the field.
His visionary leadership was evident during his tenure as the Principal of the Nigerian Television College, Jos, and as the inaugural Director General of the National Broadcasting Commission.
His work not only transformed the media industry but also laid a strong foundation for ethical journalism and responsible broadcasting across the nation.
In an official condolence message signed by the State Information Commissioner, Mr Kingsley Fanwo, the Kogi State Government described Prof. Adaba as “a media colossus, patriot, and a distinguished Nigerian” whose wisdom and dedication left an indelible mark on the country.
The government extended heartfelt condolences to his family, friends, and the entire media community, urging that his legacy be remembered as a beacon of inspiration.
The statement reads: “We have lost a great media pioneer whose life-long contributions to Nigeria’s broadcasting industry will forever be cherished. May the Almighty God grant him eternal rest and give his loved ones the strength to bear this irreparable loss.”
Prof. Adaba’s passing is not only a significant loss to Kogi State but also to Nigeria as a whole.
His illustrious career and unwavering patriotism will continue to inspire future generations in the realms of media and beyond.
The Chairman of the Osun State Independent Electoral Commission (OSSIEC), Hashim Abioye, has raised alarm over the sealing of the commission’s headquarters by the police.
The incident on Saturday occurred as the commission proceeded with the controversial local government elections taking place across the state.
Speaking during a live current affairs program on Rave FM, Abioye said he is surprised that such a step could be taken.
He said, “I leave the police IGP in the hands of God.
“Election has started earnestly in all the polling units across the state but no police presence is noticeable from the information available to me.”
Meanwhile, Governor Ademola Adeleke participated in the exercise, casting his vote at a polling station in Ede.
After voting, the governor called on residents to remain calm and peaceful throughout the exercise.
The sealing of the OSSIEC headquarters comes after the Nigeria Police had earlier advised the Osun State Government not to proceed with the election.
Citing security risks and potential legal implications, the police had warned that holding the poll under the current circumstances could lead to unrest.
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