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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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Kogi’s Ododo Tasks Officials on Grassroots Engagement, Clears N98.8bn Debt
“Governor Ododo is driving a government that listens, learns, and leads from the grassroots. His directive on Made-in-Kogi fabrics is a strategic move to grow our economy and export our identity,” Fanwo said.

Kogi State Governor, Ahmed Usman Ododo has charged government officials to remain close to the grassroots and ensure constant engagement with the people, noting that such connection is key to responsive governance.
Also in a separate briefing, the Commissioner for Finance, Budget and Economic Planning, Mukadam Asiwaju Asiru Idris, announced that within just 15 months, the Ododo administration has fully liquidated N98.8 billion in debts inherited from previous administrations.
“We are in government to serve the people, and that means staying connected to their needs and aspirations,” said Ododo during the Kogi State Executive Council meeting held today at the EXCO Hall, Government House, Lokoja.
LOCAL PATRONAGE
As part of efforts to boost the local economy, the Governor also directed all government officials to wear Made-in-Kogi fabrics as a show of support for indigenous industries.
He encouraged the citizens to take pride in local products and lead a cultural and economic renaissance from within.
Briefing journalists after the meeting, the Commissioner for Information and Communications, Hon. Kingsley Femi Fanwo, said the administration is committed to making governance more visible and impactful.
“Governor Ododo is driving a government that listens, learns, and leads from the grassroots. His directive on Made-in-Kogi fabrics is a strategic move to grow our economy and export our identity,” Fanwo said.
On infrastructure, Fanwo disclosed that the perimeter fencing at the Confluence University of Science and Technology (CUSTECH), Osara is 90 percent completed, while both male and female hostels have been completed and are already housing students.
Similar projects at the Kogi State University, Kabba, are progressing satisfactorily.
As part of efforts to boost the local economy, the Governor also directed all government officials to wear Made-in-Kogi fabrics as a show of support for indigenous industries
To improve public safety, the Council also approved a bill to restrict the movement of heavy trucks during peak hours.
Another bill was approved for the establishment of the Kogi State Agency for Climate Change as part of a forward-thinking response to global environmental challenges.
STATE‘s DEBT BREAKDOWN
Regarding the paid state debt, he said:
“The breakdown includes: • N8 billion in bonds from the Idris Wada administration. • N50.8 billion salary bailout from the last administration. • N10 billion ECA-backed infrastructure loan. • N15 billion infrastructure loans from Zenith Bank and another N15 billion from UBA Plc.”
“This is a landmark achievement. His Excellency Governor Ododo has demonstrated fiscal discipline and commitment to economic recovery.
Within 15 months, we have cleared N98.8 billion in inherited debt,” Idris said.
He added that Fitch Ratings has upgraded Kogi State’s credit rating from ‘B-’ to ‘B’, with a stable outlook, citing prudent financial management.
As of September 30, 2024, the state’s debt profile stands at N40.5 billion, placing it on a strong path to debt sustainability.
News
FG Declares June 6, 9 Holidays To Mark Eid-Ul-Adha
This was announced by the Minister of Interior, Olubunmi Tunji-Ojo, in a statement issued on behalf of the Federal Government on Monday.

The Federal Government has declared Friday, June 6, and Monday, June 9, 2025, as public holidays to mark this year’s Eid-ul-Adha celebration.
This was announced by the Minister of Interior, Olubunmi Tunji-Ojo, in a statement issued on behalf of the Federal Government on Monday.
The minister congratulated all Muslims in Nigeria and the Diaspora on the occasion, urging the Ummah to continue to embody the spirit of sacrifice, obedience, and faith as demonstrated by Prophet Ibrahim (Peace be upon Him).
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I use my popularity to elevate PDP in Rivers, what did you do in Lagos?– Wike criticises Bode George

Minister of the Federal Capital Territory, FCT, Nyesom Wike, has reacted over the recent comments by Peoples Democratic Party (PDP) stalwart, Bode George, asserting that his own efforts brought prominence and electoral success to the party, rather than the other way around.
Speaking during his monthly media briefing in Abuja on Monday, Wike responded to George’s claim that the PDP had made him a nationally recognized figure.
The former Rivers State governor acknowledged the role the party played in his rise, but maintained that it was his own work and influence that led to tangible victories for the PDP particularly where others, including George, had failed.
“It’s true the party gave me a platform,” Wike said.“But platforms don’t win elections people do. Ask yourself, who has PDP made relevant in Lagos since 1999?”
Wike criticized George for allegedly contributing little to the party’s electoral strength in Lagos, pointing to his own record of building the PDP into a formidable force in Rivers State and beyond.
He suggested that George, given his age and current position, might be better off stepping back from political commentary.
“If he has no role anymore, perhaps it’s time he stayed home and read newspapers,” Wike remarked, in a pointed rebuke.
The minister also addressed criticism surrounding the temporary sealing of the PDP’s national headquarters over unpaid ground rent.
He clarified that he is not the property’s owner and cannot be held accountable for the liabilities, emphasizing that even resolving the issue had required intervention from the highest levels.
“There were claims that the sky would fall—yet the matter couldn’t be resolved without the President’s involvement,” he said.
In a final jab, Wike reflected on past struggles to strengthen the PDP during the Goodluck Jonathan administration, suggesting that despite their efforts, support in Lagos remained elusive.
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