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

Published

2 years ago

September 29, 2023

171 Views

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.

Related Topics:Featured Smart Adeyemi Suit Supreme Court

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International

Tinubu, Trump to Meet Soon Over Christian Genocide Claims

Published

25 minutes ago

November 2, 2025

Charles Flames

14 Views

The special adviser to President Bola Tinubu on policy communication, Daniel Bwala, says the Nigerian leader and US President Donald Trump will meet “in the coming days” to discuss claims of Christian genocide in the country.

The statement follows Trump’s remark that the Nigerian government has ignored attacks on Christians, a claim that has sparked fierce debate.

Bwala highlighted the commitment of both leaders to combatting insurgency and terrorism.

The presidential aide said Trump has supported Nigeria by authorising arms sales, which Tinubu has effectively utilised in the fight against terrorism, yielding significant results.

Addressing the controversy over whether terrorists in Nigeria target only Christians or all faiths, Bwala said any differences in perspective would be resolved during the upcoming meeting, which could take place at the State House in Abuja or the White House in Washington.

News

Christians Genocide in Nigeria: Trump Threatens Military Action Against Islamist Terrorists

If we attack, it will be fast, vicious, and sweet, just like the terrorist thugs attack our CHERISHED Christians! WARNING: THE NIGERIAN GOVERNMENT BETTER MOVE FAST!”

Published

16 hours ago

November 2, 2025

OhiBaba

18 Views

United States President Donald Trump said on Saturday that he has asked the US Department of War (Defence Department) to prepare for possible military action in Nigeria if the Nigerian government “continues to allow the killing of Christians.”

In a post on his Truth Social, Trump said the US government will also immediately stop all aid and assistance to Nigeria if Christian killings continue.

“If the Nigerian Government continues to allow the killing of Christians, the U.S.A. will immediately stop all aid and assistance to Nigeria, and may very well go into that now disgraced country, “guns-a-blazing,” to completely wipe out the Islamic Terrorists who are committing these horrible atrocities.

I am hereby instructing our Department of War to prepare for possible action.

If we attack, it will be fast, vicious, and sweet, just like the terrorist thugs attack our CHERISHED Christians! WARNING: THE NIGERIAN GOVERNMENT BETTER MOVE FAST!”, the post read.

President Trump’s threat is coming barely 24 hours after he directed that Nigeria should be designated as a ‘Country of Particular Concern’ over claims of Christians genocide.

The countries of particular concern are the nations the US finds have engaged in severe violations of religious freedom.

In a post on Truth Social Friday, Trump had said: “Christianity is facing an existential threat in Nigeria. Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter.

I am hereby making Nigeria a “COUNTRY OF PARTICULAR CONCERN.”Nigeria’s President, Bola Tinubu, responded to the Christian genocide claim, declaring that Nigeria has constitutional guarantees to protect Nigerians of all faiths.

News

BREAKING: Anyanwu-Led PDP NWC Announces Counter-Suspension Of Damagum, Others

Published

1 day ago

November 1, 2025

Charles Flames

22 Views

The crisis rocking the Peoples Democratic Party (PDP) has expanded to another level, as the Senator Samuel Anyanwu–led National Working Committee (NWC) announced the counter-suspension of the party’s National Chairman, Umar Damagum, citing alleged incompetence, misappropriation of party funds, and pursuit of personal interests.

Ohibaba noted that those who were also suspended are the National Publicity Secretary, Debo Ologunagba, and the Deputy National Chairman (South), Taofeek Arapaja, among others.

According to Senator Anyanwu, all the suspended officers will be referred to the party’s disciplinary committee for further action.

The announcement by Anyanwu comes shortly after the PDP National Publicity Secretary, Debo Ologunagba, announced his suspension as the party’s National Secretary by the NWC.

Others suspended alongside Anyanwu are the National Legal Adviser, Kamaldeen Ajibade; Deputy Legal Adviser, Okechukwu Osuoha; and National Organizing Secretary, Umaru Bature for one month.

The suspension comes on the heels of the judgement of the Federal High Court On Friday, which stopped the party’s planned national convention.

Ologunagba had told journalists in Abuja on Saturday that the decision followed an emergency meeting of the national working committee, which was held in Abuja.

He noted that the suspended party officials have been referred to the National Disciplinary Committee.

He said that during this period of the suspension, they cease to function in their respective capacities.

According to him, in the case of the National Secretary, Pursuant to Section 36(2) of the PDP Constitution as amended in 2017, the Deputy National Secretary, Hon. Arc. Setonji Koshoedo shall act as the National Secretary.

He added that in the case of the National Legal Adviser and the Deputy National Legal Adviser, the National Director of Legal Services has been directed to oversee the activities of the Department.