BREAKING: S’Court dismisses Smart Adeyemi’s appeal against Ododo – Newstrends
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BREAKING: S’Court dismisses Smart Adeyemi’s appeal against Ododo

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1 year ago

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BREAKING: S’Court dismisses Smart Adeyemi’s appeal against Ododo

The Supreme Court, on Monday, dismissed an appeal filed by Senator Smart Adeyemi against the judgements of the two lower courts on the All Progressives Congress’ primary election, which held in Kogi State on April 15, 2023. 
 The Supreme Court, in a unanimous judgement, held that the appeal lacked merit, having failed to challenge the concurrent findings of both the High and Appeal Courts, or demonstrate that same were perverse. 
 The Apex Court also held that the two issues raised in the Appellant’s brief were unreasonable, vexatious, not triable and against the provisions of Section 132 and 133(1) of the Evidence Act 2011. 
 Adeyemi, who represented Kogi West Senatorial District in the 9th Assembly, 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 delivering judgment on Monday, first struck out the Appellant’s first notice of Appeal, the Appellant having relied on the 2nd Notice of Appeal filed and held that the power of the Apex Court in respect of appeals against concurrent findings of the two lower Courts could only be exercised when the findings were alleged to be perverse. 
The Court also described as contemptuous, the practice of parties appearing on TV stations to discuss pending appeals, saying, “You go saying on television that if the court is a court of justice, the appeal should go in your favour.” 
 “The court frowns at this practice. Once you’ve engaged a lawyer, go and rest. I am giving this elaborate talk so that you don’t go out and say things that are not reasonable. The court is manned by reasonable persons,” Justice E. A Agim, who delivered the Supreme Court’s Judgement, said. 

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 The Apex Court said, “There is nothing on the Notice of Appeal of the appellant showing a challenge as to the perverseness of the findings of the two lower courts. 
 “The appellant never alleged that there was no evidence to support the findings of the two lower courts. This court has no power to revisit those issues of facts raised in the Notice of Appeal unless there is an allegation that the findings were perverse. 
 “On the whole, this appeal fails. The appellant shall pay the cost of N1 million each to the 1st and 3rd Respondents (the governorship candidate and the APC),” the Supreme Court ruled. 
 Dapo Otitoju represented the appellant; Abdulwahab Muhammed, SAN, represented the APC,
Umar Abdulhamid represented the 2nd Respondent, and M. Y Abdullahi, SAN, the 3rd Respondent. 
 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 three-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.

BREAKING: S’Court dismisses Smart Adeyemi’s appeal against Ododo

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PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum

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1 day ago

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December 21, 2024

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Umar Iliya Damagum, Acting National Chairman of the Peoples Democratic Party (PDP)

PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum

Two former Presidents of the Senate, Chief David Mark and Dr Bukola Saraki are leading a fresh charge aimed at removing Amb. Umar Damagum as the Acting National Chairman of the Peoples Democratic Party (PDP).

The push by Mark and Saraki has received the backing of prominent stakeholders, including the Plateau State Governor, Caleb Muftwang and other political office holders elected on the platform of the PDP.

Similarly, former governors from the Northcentral zone who served on the party’s platform have also aligned forces with the group.

Rising from a stakeholders’ meeting in Abuja on Thursday night, the party chieftains resolved to produce a candidate from the zone early 2025 to replace Damagum.

According to them, the move to replace Damagum with a substantive chairman from the Northcentral, has received the endorsement of key party stakeholders from the Northwest and the Northeast zones.

Among those being projected as potential candidates to take Damagum’s seat include Mark; a former Benue State Governor, Gabriel Suswam; and a former House of Representatives member from Nasarawa State, David
David Ombugadu.

A communique issued after the meeting, said the stakeholders
reviewed the festering crisis in the party following the exit of the erstwhile National Chairman, Dr. Iyorchia Ayu.

Ayu lost his seat to the crisis triggered by disagreements over the emergency of Alhaji Atiku Abubakar as the presidential candidate of the PDP in the 2023 general election.

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The crisis has continued to deepen with the apparent overbearing influence of the Minister of the Federal Capital Territory (FCT), Nyesom Wike on the Damagum-led national leadership.

The Northcentral stakeholders argued that Damagum’s continued occupation of the office breached provisions of the PDP constitution.

The communique states in part, “The PDP’s constitution clearly states that succession of offices in the party at all levels is largely to the extent that any vacant position can be replaced by appointment from the zone, as per Section 47 (6) of the party.

“The party is guided by its constitution at all times. Therefore, the leadership of the party needs to rise up to the occasion to restore goodwill and cohesion in the party by making necessary sacrifices and compromises to restore confidence and cohesion in the party.

“It is in the light of this that the stakeholders of the Northcentral Zone appeal to the conscience and goodwill of our compatriots in other zones of the Northern region to restore the seat of the chairmanship of the party back to the Northcentral Zone to serve out its tenure.

“That the stakeholders must strive to build consensus to get the buy-in to the position of Northcentral zone.

“The Northcentral is united and will strive to preserve the PDP as a veritable platform for good governance in Nigeria.”

The meeting, which was attended by Governor Muftwang, also had former Governors Jonah Jang (Plateau), Babangida Aliyu (Niger), Abdulfatah Ahmed (Kwara) and Idris Wada (Kogi) in attendance.

Others at the meeting included the Senate Minority Leader, Senator Abba Moro; incumbent PDP National Legal Adviser, Kamaldeen Ajibade (SAN); and a former Information Minister, Prof Jerry Gana.

Also at the meeting were former senators Tunde Ogbeha, Philip Aduda, Suleiman Adokwe, Dino Melaye, Mohammed Onawo and Peter Jiya.

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Similarly, former Ministers, Labaran Maku and Sarah Ochekpe also attended the meeting. Other stakeholders like Simon Mwadkwon, Mrs. Margaret Icheen, Mr. Raymond Dabo, Maika Jiba, and Isa Dobi were also present.

Damagum, who is from Yobe State in the Northeast zone, emerged Acting National Chairman in March 2023 following the exit of Ayu who is from Benue State in the Northcentral zone.

Damagum was the PDP Deputy National Chairman (North) before his appointment as Acting National Chairman.

By virtue of Section 47 (6) of the party’s constitution, he ought to have relinquished the seat for a substantive National Chairman from the Northcentral zone where Ayu hailed from.

The Section reads: “Where a vacancy occurs in any of the offices of the party, the Executive Committee at the appropriate level shall appoint another person from the area or zone where the officer originated from to serve out the tenure of the officer.”

Ayu was elected chairman in 2022 for a four-year tenure that should expire in 2026 before his tenure got truncated in 2023.

Several moves by critical organs of the party, including the PDP Governors Forum, the Board of Trustees (BoT) and the National Caucus to replace Damagum have been thwarted by the Acting National Chairman, allegedly with the backing of Wike.

Miffed by the development, the PDP Governors Forum, led by Governor Bala Mohammed of Bauchi State, had, a few weeks ago, directed the Damagum-led leadership to convene the National Executive Council (NEC) meeting latest by February 2025.

The NEC meeting has suffered four postponements between August and November 2024, as Damagum, who is supposed to convene the meeting has been evasive.

The power to ratify any candidate chosen by the Northcentral zone to replace Damagum is vested only in the NEC.

 

PDP crisis: Two ex-Senate presidents lead fresh plot to oust Damagum

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PDP expels South-East national vice chairperson over anti-party activities

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3 days ago

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December 19, 2024

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PDP expels South-East national vice chairperson over anti-party activities

The Peoples Democratic Party (PDP) in Oguduokwor Ward, Onicha Local Government Area of Ebonyi State, has officially expelled Ali Odefa, the suspended National Vice Chairperson of the party in the South-East, following allegations of anti-party activities.

Odefa had been suspended on September 11, 2024, by the ward executives, a move that was later upheld by the Federal High Court in Abakaliki. In its ruling on November 29, 2024, under suit number FHC/AI/CS/182/2024, the court affirmed the legitimacy of his suspension.

On Wednesday, Onyeka Ovuta, the Acting Chairperson of the PDP in Oguduokwor, announced Odefa’s expulsion in a statement. Ovuta explained that the decision followed recommendations from the party’s disciplinary committee, which confirmed the allegations against Odefa.

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The party announced that Mr Odefa by the virtue of his expulsion, “ceases to be a member of the party.”

Reacting, Mr Odefa laughed off the expulsion, stating that those who announced it were “frustrated charlatans”.

He said the expulsion cannot stand because “it did not take place in the ward but in Abuja”. He said those who made the announcement against him were not ward executives of the party.

“Let them come home come and announce it. Or is our ward now located in Abuja?”

 

PDP expels South-East national vice chairperson over anti-party activities

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INEC recognises Sylvester Ezeokenwa as APGA national chairman

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4 days ago

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December 18, 2024

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APGA National Chairman, Sylvester Ezeokenwa

INEC recognises Sylvester Ezeokenwa as APGA national chairman

Sylvester Ezeokenwa has been reinstated as the national chairman of the All Progressive Grand Alliance (APGA).

Ezeokenwa was reinstated by the leadership of the Independent National Electoral Commission (INEC) on Tuesday, December 17.

According to Sam Olumekun, the National Commissioner and Chairman, Information and Voter Education Committee of INEC, the commission had been served with the judgement of the Supreme Court.

The apex court judgement with the Appeal No. SC/CV/824/2024 APGA & ANOR vs OYE & ORS was delivered on November 27, 2024.

The court ruled that Ezeokenwa should be recognised as the national chairman of the party.

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“In compliance with the judgement of the apex court, the Commission has restored Barr. Ezeokenwa as the Chairman of APGA and restored his name on our website accordingly,” the INEC commissioner said.

He also stated that the reisnstatmemt of the new chairman would automatically lead to the withdrawal of the recognition of Njoku as the national chairman of the party.

The court also upheld an earlier judgement of the appeal which did not confer any enforceable rights on Njoku.

If also awarded N20 million each against the appellaants.

INEC recognises Sylvester Ezeokenwa as APGA national chairman

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