News
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
Nigerian Law school student dies after falling from hostel rooftop
The deceased was a student of the Nigerian Law School, Enugu campus, who was undergoing externship programme at the Lagos campus.
•Faith Alayande
A Nigerian Law School student identified as Faith Alayande, is dead after she fell from the rooftop at Lagos campus.
In a statement on Monday, Aderonke Osho, secretary to the council and director of administration, said that the deceased was a student of the Nigerian Law School, Enugu campus, who was undergoing externship programme at the Lagos campus.
Osho said preliminary findings revealed that the student died from injuries sustained after falling from the rooftop of the campus hostel around 4am on Friday.
The Nigerian Law School is deeply saddened by this tragic development.
“Management is working closely with the appropriate authorities and the family to establish the circumstances surrounding the incident, ensure that all necessary procedures are duly followed, and provide further information as appropriate.”
News
Ekwulobia Suspends New Yam Festival for Kidnap Billionaire Son
A source from the community said the traditional ruler of Ekwulobia where Ezeokafor hails from, His Royal Majesty, Igwe (Engr) Emmanuel Chukwukadibia Onyeneke, officially suspended the Ekwulobia New Yam Festival, saying there was no need to celebrate while their son remained in captivity.
• Joseph Ezeokafor
Ekwulobia community in Aguata Local Government Area of Anambra State has cancelled its New Yam festival celebration billed for September 4, 2026.
Ohibaba.com learned that this is because of the kidnap of billionaire businessman and owner of Jezco Group of Companies, Chief Joseph Ezeokafor.
Ezeokafor was kidnapped in Awka on Tuesday last week when he stepped out of his house without his security details to attend to his spiritual need, where he goes to offer prays.
Public Relations Officer of Anambra State Police Command, SP Tochukwu Ikenga who confirmed the development said that serious operation is currently ongoing to save the elder statesman.
His kidnap has sent his community into mourning, causing the postponement of the new Yam festival, an annual festival which holds on a static date every year.
A source from the community said the traditional ruler of Ekwulobia where Ezeokafor hails from, His Royal Majesty, Igwe (Engr) Emmanuel Chukwukadibia Onyeneke, officially suspended the Ekwulobia New Yam Festival, saying there was no need to celebrate while their son remained in captivity.
“The Igwe said the community of Ekwulobia cannot celebrate while their son remains in the custody of the kidnappers,” the source said.
News
NLC disrupts Air Peace flight
The affected Air Peace flight, scheduled to depart Lagos at 6:30am, could not take off as passengers waited amid the disruption.
The Nigeria Labour Congress (NLC) on Tuesday disrupted flight operations in Lagos, leaving passengers scheduled to travel on an Air Peace flight stranded at the airport.
Our Reporter learned that the “protest was intended to enforce Air Peace employees right to join the union.”
Zulu terminal gate was under lock and key. The protest started at about 5am.
The affected Air Peace flight, scheduled to depart Lagos at 6:30am, could not take off as passengers waited amid the disruption.
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