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

Politics

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

Published

6 months ago

on

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. 

READ ALSO:

 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

Related Topics:
Advertisement

Politics

Senate in rowdy session as lawmakers quarrel over sitting arrangement

Published

2 days ago

on

April 30, 2024

By

Senate in rowdy session as lawmakers quarrel over sitting arrangement

The Senate broke into a rowdy session on Tuesday after three senators engaged in a heated argument over arrangement of seats.

Danjuma Goje, senator representing Gombe Central, and Sahabi Yau, senator representing Zamfara North, expressed displeasure over the seats assigned to them.

They complained to Opeyemi Bamidele, the majority leader.

The Senate is currently using its refurbished chamber, two years after renovation began on it.

According to the standing rules of the upper legislative chamber, senators should sit in order of rank.

The Easter and Sallah recess was postponed to accommodate the completion of the renovation of both chambers of the national assembly.

However, while Senate President Godswill Akpabio read his welcome address, the heated argument among the three senators began.

It was learnt that Goje and Yau, sitting on the second row on the right side of the aisle, did not like the seats allocated to them by the senate committee on services.

Sunday Karimi, senator representing Kogi west, is chair of the senate services committee.

The four-term senators subsequently insisted that they should have been assigned seats on the front row on the extreme right — opposite the row of the majority leader and the deputy senate president.

After the argument, Kawu Sumaila, senator representing Kano South, called for a “point of order” which was ignored.

Thereafter, Bamidele moved a motion for a closed-session.

Continue Reading

Politics

Ganduje drums support for Tinubu, says no vacancy in Aso Rock 2027

Published

2 days ago

on

April 30, 2024

By

Ganduje drums support for Tinubu, says no vacancy in Aso Rock 2027

National Chairman of All Progressives Congress (APC), Dr Abdullahi Ganduje, says members of the opposition are trying to discredit the Bola Tinubu-led administration in their desperation for Aso Rock in 2027.
He however declares that there is no vacancy in Aso Rock in 2027.

Ganduje said the administration of President Tinubu had been contending with accumulation of many years of neglect, policy summersaults and other disjointed decisions by previous administrations.

The APC national chairman gave the position while addressing supporters and support groups at the national secretariat of the party in Abuja.

Ganduje urged the APC supporters and groups to be committed to the party so that it could continue to forge ahead.

He said the leadership of the New Nigeria Peoples Party (NNPP) and its chieftains were afraid, having been defeated in the last general election and already foreseeing another defeat.

Ganduje said the NNPP elements were now engaged in a propaganda campaign against the leadership of APC.

He said, “They are so afraid because we are consolidating. They are so afraid all over the country because we are receiving new entrants into our party. That is creating fears in their minds.

“They are already eyeing 2027, but at that time, there is no vacancy. Only our President, Asiwaju Bola Ahmed Tinubu, will, Insha Allah, continue as the President of the Federal Republic of Nigeria.”

Ganduje claimed the leadership of NNPP and its chieftains in Kano State were sponsoring protests and campaigning for his removal as APC national chairman.

Continue Reading

Politics

Another PDP bigwig dumps party

Published

3 days ago

on

April 29, 2024

By

Dr Cosmos Ndukwe

Another PDP bigwig dumps party

Dr Cosmos Ndukwe, one of the key opposition Peoples Democratic Party’s presidential candidates for 2023, has resigned from the party.

This is stated in a letter written by the former Deputy Speaker of the Abia State House of Assembly to the Chairman of his Item C Ward in Bende Local Government Area, which was copied to the party’s State Chairman, Hon. Asiforo Okere, and the Acting National Chairman, Umar Damagum.

The former Chief of Staff to the Governor and Commissioner for Works under ex-Gov. Okezie Ikpeazu claimed “personal reasons, current commitments, and aspirations” in his decision to leave the PDP.

He praised the party for providing him with the opportunity to enter the political spotlight and wished it success in the state.

The letter posted on his Facebook page on Monday morning read, “I hope this letter finds you well. It is with a heavy heart that I compose this correspondence to tender my resignation as a member and stakeholder in the People’s Democratic Party (PDP) Abia State, effective immediately.

“My decision to resign as a member within the party stems from personal reasons and reflections on my current commitments and aspirations.

“After careful consideration, I have come to the conclusion that potting out of PDP is the best course of action for me at this time.

“I am immensely grateful for the opportunities that the PDP has afforded me during my tenure as a Councillor, Deputy Chairman Local Government, Chief of Staff to Executive Governor of Abia State, Deputy Speaker Abia 6th House of Assembly and Presidential Aspirant PDP 2023.

READ ALSO:

“Serving within the party has been a privilege, and I have valued the relationships I have built with fellow members, as well as the chance to contribute to the party’s objectives and ideals.

” I want to express my appreciation to you, the Ward Executive Committee, and all members of the PDP Abia State for the support and camaraderie extended to me throughout my association with the party.

“While I may be stepping away from my formal role, I remain committed to the principles of democracy and the progress of our great state Abia.

“Please consider this letter as my formal resignation from all duties and responsibilities associated with my position as a member and stakeholder in the PDP Abia State.

“I wish the PDP Abia State continued success in all its endeavors, and I extend my best wishes for the future. Thank you once again for the opportunities and experiences.”

The former Deputy Speaker had in an introductory post to the letter written:

“Good morning friends and well wishers. In life, we all have the past. We all made choices that maybe, weren’t the best ones. None of us is completely a saint,
but we all get a fresh start some day.

“Eccl 3:1-5 summary is on time for everything. To me, this is time to leave PDP family. I am potting out for good, new destination to be announced soon.

“My letter has started its journey to the ward chairman, LG chairman, State Chairman and Ag National chairman”.

Platinumpost reports that, the PDP has been hit by the wind of resignation following the exit of former Governor of Imo State, Chief Emeka Ihedioha, and over 20 key members of the party in Imo State including a member of the party’s Board of Trustees (BoT), and zonal officers.

Although the supremacy tussle between former Vice President, Atiku Abubakar, and Minister of the Federal Capital Territory, Mr Nyesom Wike, is believed to be at the centre of crisis rocking the PDP, funding by Vanguard show that Ndukwe may be on his way to the ruling All Progressives Congress, APC, to assist his kinsman, and the Deputy Speaker, House of Representatives, Rt. Hon. Benjamin Kalu.

Another PDP bigwig dumps party

Continue Reading

Trending

Skip to content