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Supreme Court to Smart Adeyemi on Kogi APC guber primary: Looking at your brief, your Appeal ‘dead on arrival’

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Supreme Court to Smart Adeyemi on Kogi APC guber primary: Looking at your brief, your Appeal 'dead on arrival'

Supreme Court to Smart Adeyemi on Kogi APC guber primary: Looking at your brief, your Appeal ‘dead on arrival’

The Supreme Court on Thursday, hinted a former Senator who represented Kogi West in the 9th National Assembly, Smart Adeyemi, that his appeal 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.

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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.

 

Supreme Court to Smart Adeyemi on Kogi APC guber primary: Looking at your brief, your Appeal 'dead on arrival'

 

 

 

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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No Amount Of Blackmail Will Make HE Yahaya Bello ‘Come Through Backdoor’- Media Office

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Governor Yahaya Bello Reveals His Preferred Successor

No Amount Of Blackmail Will Make HE Yahaya Bello ‘Come Through Backdoor’- Media Office

On Tuesday, 23rd April 2024, Mr. Olanipekun Olukoyede, in a conduct which we view as unbecoming of a Legal Practitioner, organised a press conference where he alleged (amongst other outrightly defamatory statements) that His Excellency, Alhaji Yahaya Bello, withdrew cash from the Kogi State Government Account, sent same to Bureau De Change Operators and then used same to pay the school fees of his children in advance.

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According to Olukoyede, the payment was made just about the time the former Governor was to leave office.

Since the said press conference, receipts of payments of the said fees bearing the names of His Excellency’s Children and those of other family members, who separately paid their fees, have been flying all over the internet.

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While we reserve our rights to seek redress against the said defamatory statements, permit us to briefly state the following for the purpose of setting the records straight:

1. His Excellency, Yahaya Bello’s children have attended the American International School, Abuja well before he became Governor and he has paid fees for his children as and when due and without fail.

2. His Excellency, Alhaji Yahaya Bello did not pay the sum of USD720,000 as alleged by the EFCC Chairman or USD840,000 as is being bandied about on the internet.

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3. The payment of the fees was not effected at about the time his Excellency was to leave office as claimed by Mr. Olukoyede but same commenced in 2021.

3. Alhaji Yahaya Bello DID NOT pay the fees of his Children with monies from the Coffers of the Kogi State Government.

4. When the EFCC approached the American International School Abuja (AISA) to illegally recover funds legitimately paid by Alhaji Yahaya Bello and other family members, a member of the family challenged the EFCC’s unlawful acts to recover funds legitimately paid. The FCT High Court, in Suit No. FCT/HC/2574/2023 between: Mr. Ali Bello v. The Incorporated Trustees of American International School, Abuja, held that AISA could not lawfully and unilaterally refund to a third party, including the EFCC, fees paid by the parties to the suit.

The Court subsequently mandated AISA to continue to provide the services it had been paid with respect to the fees.

From the foregoing, it is clear that no money belonging to Alhaji Yahaya Bello or his family members with regard to school fees has been recovered by the EFCC.

5. Now, let it be known that, contrary to misleading narratives by the EFCC, all the documents published online i.e. receipts and letters, that the EFCC has released online, in furtherance of its unrelenting persecution of the former Governor, are documents filed by lawyers in the suit instituted on behalf of Alhaji Yahaya Bello and others who paid fees for their wards under the Advance Fee Payment Agreement with AISA.
Those documents, having been filed by his lawyers, are thus public documents, which shows that his Excellency, Yahaya Bello, has nothing to hide with regard to the payment of advance fees for his children. This unending harassment and persecution, even while in office, were among key reasons he sought to enforce his fundamental human rights.

6. We state that the payment of these fees and the legitimacy thereof is the subject matter of Charge No. FHC/CR/573/2022, filed by the EFCC since 15th December 2022 at the Federal High Court, Abuja. The Charge is pending and the Court has yet to make any finding or convicted anyone in respect of the said sum.

7. It is imperative to remind Mr. Olukoyede, who is a Lawyer, that once parties have submitted a dispute to the Court, they are to shun all actions and statements that may prejudice the hearing of the matter or the mind of the Court.

8. Since the matter is sub judice, we say no more, we await the EFCC’s proof of the allegations in Court, which is the only venue where the proof of these allegations matter.

9. We thank Nigerians who have recognised the obvious desperation of the EFCC boss to convict the former Governor by all means in the Court of public opinion rather than in the law court, as personal vendetta, with the connivance of like minds, and not a fight against corruption.

10.We implore others who might have been misled by their shenanigans not to be fooled by mischievous narratives but to
follow the case through until justice is served.

11. Finally, our Principal, Yahaya Bello, doesn’t visit law enforcement agencies “through the backdoor”. He has insisted on following due process in line with the rule of law. No amount of blackmail will intimidate him.

Thank you.

Signed
Ohiare Michael
MEDIA OFFICE,
HE YAHAYA BELLO

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Ondo APC Primary: Comrade Aiyitoba Emmanuel Sends Congratulatory Message To Gov. Ayedatiwa

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Ondo APC Primary: Comrade Aiyitoba Emmanuel Sends Congratulatory Message To Gov. Ayedatiwa.

Ondo APC Primary: Comrade Aiyitoba Emmanuel Sends Congratulatory Message To Gov. Ayedatiwa.

 

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The Executive Administrator of Ilaje Progressive Summit Group( IPSG), Comrade Aiyitoba Emmanuel has sent a congratulatory message to Gov. Ayedatiwa over his victory on the APC’s primary election in Ondo state last week Saturday.

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Ondo APC Primary: Comrade Aiyitoba Emmanuel Sends Congratulatory Message To Gov. Ayedatiwa.

 

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Gov. Lucky Ayedatiwa won the highest number of votes of 48, 569 among the aspirants, and therefore declared the winner by the Governorship Primary Election Committee.

Aiyitoba in his statement said, his group will work and campaign tirelessly for his Excellency, Gov. Ayedatiwa to win in the 16th November, 2024 Governorship election in Ondo State. ” I’m from the same village, Obe-nla kingdom with Gov. Ayedatiwa; he’s our son, uncle, brother and father and we believe he’s capable of bringing development in all ramifications to Ondo State”.

As the IPSG co-ordinator, Comrade Aiyitoba assured that his group will work hands- in- hands and campaign door to door to assure his Excellency’s Victory at Ilaje area and Ondo state as a whole for the November governorship election in the State.

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PUBLIC NOTICE: URGENT APPEAL FOR PEACE AND SECURITY IN RIVERS STATE: A CALL TO ACTION FOR THE PRESIDENT*

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**PUBLIC NOTICE: URGENT APPEAL FOR PEACE AND SECURITY IN RIVERS STATE: A CALL TO ACTION FOR THE PRESIDENT**

Dear Esteemed Citizens of Nigeria,

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As concerned citizens and representatives of the Dwellers of Coastal and Waterways Communities of Africa (DCWCA), our hearts weigh heavy with concern for the safety and security of our beloved nation, particularly in Rivers State. Recent developments have seen allover the internet news online a troubling plot that threatens to undermine the peace and stability painstakingly built by our coastal communities.

We are gravely disturbed by reports indicating a sinister scheme aimed at disrupting the commendable efforts of Royal Fouchee Security Limited, spearheaded by the esteemed Alhaji Mujahid Dokubo Asari. It pains us deeply to learn that the very guardians of our security, the Nigeria Security Agencies, are allegedly orchestrating an assault on the dedicated workers of Royal Fouchee Security Agency and other private security entities in Rivers State.

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In this hour of uncertainty, we turn our eyes to the highest office of the land, the esteemed President of Nigeria, with an impassioned plea for intervention. Mr. President, we beseech you to heed our call and use your authority to halt any actions that may endanger the lives and well-being of our coastal citizens. Your decisive action is imperative in preventing further escalation of tensions and preserving the peace that is the lifeblood of our coastal communities.

While we cannot definitively prove the political undertones behind these alarming developments, the whispers of suspicion linger in the air. It is incumbent upon our leaders to rise above partisan interests and prioritize the safety and security of every Nigerian, particularly those in our coastal regions who are vulnerable to various challenges.

Let us not forget the lessons of our past, where political differences were allowed to sow seeds of discord and division among our coastal brethren. Instead, let us unite in solidarity, transcending political boundaries to safeguard the sanctity of our democracy and the welfare of our coastal people.

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Mr. President, we implore you to intervene swiftly and decisively, sending a clear message that the security and well-being of every coastal Nigerian is non-negotiable. Your actions today will shape the destiny of our nation and reaffirm our collective commitment to peace, unity, and progress.

With unwavering hope and trust in your leadership,

Dwellers of Coastal and Waterways Communities of Africa (DCWCA)
[Tom Inko-Tariah ACI arb
President/CEO]

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