Smart Adeyemi, a former senator who represented Kogi West in the 9th National Assembly, is not withdrawing his appeal against the outcome of the All Progressives Congress (APC) governorship primary election in Kogi State, despite the Supreme Court’s hinting that the appeal was incompetent.
The Supreme Court, on Thursday, September 28, 2023, advised Adeyemi’s lawyer, Musibau Adetumbi, SAN, to withdraw the appeal, stating that Adeyemi had failed to challenge the concurrent findings of the Federal High Court and the Court of Appeal that primary elections were held in Kogi State.
However, Adeyemi’s lawyer insisted on going ahead with the appeal.
F. O. Ekpa, counsel to Usman Ododo, who was led by M. Y. Abdullahi, SAN, argued that Adeyemi’s appeal was academic considering that the relief sought by him was that fresh primaries be conducted.
Read also: Kogi Guber: Residents demand action against political violence
He also 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.
The Supreme Court adjourned the appeal to October 23, 2023, for judgment.
In a unanimous judgment on August 18, 2023, the Court of Appeal had held that Adeyemi’s appeal was completely bereft of merit. The court dismissed all of Adeyemi’s allegations, including that Ododo was not lawfully nominated by the APC.
Adeyemi is now seeking 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,” Adeyemi argued.
