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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.
An independent panel has begun its investigation today into the deaths of 37 people who died while in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State.
The Federal Government constituted the 10-member committee last week following the deaths, which occurred on Thursday, September 17, 2026. The victims, described as suspected illegal miners, had been arrested during enforcement operations against artisanal mining activities in the state days earlier.
Minister of Interior Olubunmi Tunji-Ojo announced the panel’s formation, stating it would examine the circumstances surrounding the arrests, detention and deaths. The committee, chaired by retired DSS Deputy Director-General Jonathan Kure, has been given two weeks to submit its report. It is also mandated to determine any negligence or misconduct, recommend accountability measures and propose steps to prevent a recurrence.
Twenty NSCDC officers, including the Niger State Commandant, have been suspended pending the outcome of the probe. Authorities have stressed that any attempt to interfere with the investigation or destroy evidence will be treated as a serious offence.
The incident has drawn widespread attention, with reports of overcrowding and poor ventilation in the detention facility cited among possible factors. Officials have confirmed that medical and forensic examinations are under way to establish the precise causes of death.
News
UK court jails Nigerian man for masturbating in front of a woman
British Transport Police said Odutola approached a woman on the train, looked her up and down and became aggressive when she refused to engage with him. He then exposed himself while sitting in a wheelchair and began masturbating while staring at the woman and telling her to “come over”
•A Nigerian man and registered sex offender, Babatunde Odutola
A Nigerian man and registered sex offender, Babatunde Odutola has been jailed in the UK after exposing himself and masturbating in front of a woman on a train travelling towards Manchester.
Odutola, 36, of no fixed address, was sentenced to 44 weeks in prison at Manchester Magistrates’ Court on Monday, September 14, after pleading guilty to outraging public decency and breaching a suspended sentence order.
The incident occurred around 7pm on Friday, September 11, on a train travelling through Cheshire towards Manchester Piccadilly railway station.
British Transport Police said Odutola approached a woman on the train, looked her up and down and became aggressive when she refused to engage with him. He then exposed himself while sitting in a wheelchair and began masturbating while staring at the woman and telling her to “come over”.
A fellow passenger intervened and escorted the distressed woman from the carriage.
According to police, CCTV footage showed Odutola continued masturbating as other passengers walked through the carriage.
British Transport Police officers arrested him after the train arrived at Manchester Piccadilly. He was subsequently prosecuted and jailed within 72 hours of the incident
News
Digital Economy Minister Says NDPC Now Properly Functional With New HQ
” An asset recovered on behalf of the Nigerian people has now been returned to productive use for the Nigerian people. That is reform made tangible,” he said .
Abuja| NDPC new headquarters commission , Tuesday, 15 September,2026.
An EFCC-recovered property allocated to the Ministry of Communications, Innovation & Digital Economy, has been transformed to the new headquarters of the Nigeria Data Protection Commission (NDPC) in Abuja, as its headquarters.
Speaking during the commissioned ceremony of the building, the Honourable Minister incharge of the ministry, Dr. ‘Bosun Tijani, described the facility as a tangible demonstration of the visionary leadership of President Bola Ahmed Tinubu, and his commitment to building strong institutions that can support Nigeria’s growing digital economy.
The Minister emphasised that said the occasion represented more than the opening of a new office, but a reflection of the administration’s commitment to strengthening the institutions required to protect Nigerians and build trust in the country’s digital economy.
Dr. Tijani said, “Shortly after assuming office in 2023, President Tinubu signed the Nigeria Data Protection Act into law, giving the NDPC the appropriate legal foundation and authority to protect the data and privacy rights of Nigerians.
The President also directed Ministries, Departments and Agencies of the Federal Government to comply with established data protection laws and frameworks, demonstrating that government must lead by example in upholding the standards it expects from citizens and businesses.”
He added, “In the early days of the Commission, it was difficult to ask an institution to protect the data of over 200 million Nigerians and support one of Africa’s largest digital economies without the institutional resources to do so.
President Tinubu recognised this challenge and moved to solve it, approving the resources required for the NDPC to become properly operational and functional, while building towards becoming a sustainable institution in its own right.
He also directed that an EFCC-recovered property be allocated to the Commission as its headquarters.
“An asset recovered on behalf of the Nigerian people has now been returned to productive use for the Nigerian people. That is reform made tangible,” he said .
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