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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
UNICEF Lauds Nigeria’s Remarkable Progress in Birth Registration (Photos)
ighlights 14 Million Children Registered in Two Years.
The United Nations Children’s Fund (UNICEF) has commended Nigeria for achieving a significant milestone in child rights, with 14 million children’s births officially registered over the past two years.

This surge represents impressive advancement in ensuring every child is counted and recognized through legal identity.
The announcement came during a courtesy visit by UNICEF Country Representative to Nigeria, Ms. Wafaa Saeed Abdelatef, to Senator Oluremi Tinubu, the First Lady of Nigeria, at the State House in Abuja.
Ms. Abdelatef praised the First Lady’s exemplary leadership in championing children’s issues and family welfare nationwide. She described the progress in birth registration as unprecedented in her experience across various countries.

“Birth registration is the first right of every child—to be counted and recognized,” she stated. “It is really impressive. I have served in many places, but I have not seen such progress in two years as we have witnessed here in Nigeria.
“She highlighted key enablers of this success, including the digitalization of the registration system at health facilities and community levels, as well as ongoing legislative efforts with a relevant bill before the National Assembly.

“Things don’t just happen like that; we scale with leadership,” she added, expressing gratitude for the First Lady’s role in driving this initiative and allowing UNICEF to celebrate this “fantastic leadership.
“The UNICEF representative also acknowledged the First Lady’s broader contributions, referencing her involvement in initiatives such as the national library and food bank launches, as well as commendations from African women leaders at the African Union for her continental impact.

She linked these efforts to Nigeria’s Renewed Hope Agenda, which she said is instilling hope for children and citizens alike.In response, Senator Oluremi Tinubu welcomed UNICEF’s recognition and reaffirmed her commitment to ensuring universal birth registration. “Every child counts,” she emphasized, noting that registration immediately after birth grants children nationality, legal identity, and access to essential services like health and education.
The First Lady described the news as a source of joy and a foundation for national development. “This is how nations develop,” she said. While celebrating the gains, she stressed the need for sustained efforts: “We are not there yet. We have to keep at it and make sure every child is counted.
“She pointed out that birth registration is just the starting point, extending to the issuance of birth certificates. Highlighting Nigeria’s lack of a recent census, she noted that starting with children would provide critical data on the child population to guide government planning and resource allocation.
Senator Tinubu also addressed persistent challenges, expressing concern over persistently high rates of tuberculosis, HIV/AIDS, and maternal and child mortality in Nigeria’s large population.
“These numbers are still high, and it is worrisome,” she said, while assuring that the administration is actively working to position the country for a better future.
She expressed appreciation for UNICEF’s longstanding support and reliable data, pledging continued collaboration in any area of mutual interest. “In any area you want us to collaborate, we are here,” she affirmed. “We want to thank UNICEF for the interest and the work you have done.
“This development underscores Nigeria’s ongoing push toward universal civil registration, aligning with global goals to provide legal identity for all children and support broader child rights and development objectives.
News
Navy’s Chief of Operations, Rear Admiral Katagum dies in Egypt
Rear Admiral Katagum previously served as the Director, Naval Intelligence., he’s one time Deputy Defence Adviser, Paris, France and was at the Defence Headquarters before his recent appointment as Chief of Operations by the Chief of Naval Staff, Vice Admiral Idi Abass.
Photo: Rear Admiral Musa Katagun
Chief of Operations at Naval headquarters, Rear Admiral Musa Katagun is dead at a hospital in Egypt.
News of Rear Admiral Katagun’s death was confirmed by military sources on Thursday.
Katagum is said to have traveled to Egypt for follow up medical evaluation after undergoing an initial surgery in September last year.
Rear Admiral Katagum previously served as the Director, Naval Intelligence., he’s one time Deputy Defence Adviser, Paris, France and was at the Defence Headquarters before his recent appointment as Chief of Operations by the Chief of Naval Staff, Vice Admiral Idi Abass.
News
Ondo monarch gunned down outside palace
The armed men were said to have attempted to kidnap him but he refused, resulting to being shot.
•Kehinde Jacob Faledon
Kehinde Jacob Faledon, the traditional ruler of Agamo Community in Akure North Local Government Area of Ondo State, has been shot dead.
Police Public Relations Officer in Ondo, Jimoh Abayomi, confirmed the incident, said that the monarch was killed after gunmen forced him out of the palace, on Wednesday night.
The armed men were said to have attempted to kidnap him but he refused, resulting to being shot.
“Information reached the division at about 7:50pm from a community leader, High Chief Ajewole Clement of New Town, Itaogbolu, that about six armed men stormed the residence of the monarch and forcibly took him away,” Abayomi said.
“The victim was subsequently found with gunshot injuries and was confirmed dead at the scene.
“The divisional police officer supported by tactical teams of the command, mobilised officers in collaboration with local hunters, Atuluse Security, and Amotekun operatives are combing the surrounding bushes and neighbouring communities.
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