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The bid by Senator Smart Adeyemi to void the primary election of the All Progressives Congress (APC) which produced Usman Ododo as candidate for the Kogi State’s governorship election slated for November 11 finally hit the rocks, yesterday, as the Supreme Court dismissed his appeal against the concurrent judgments of the Federal High Court and the Court of Appeal.
Adeyemi, who represented Kogi West Senatorial District in the ninth Assembly, had filed a suit at the Federal High Court seeking to nullify the primary election of the APC held in Kogi State on April 15, which produced Ododo as the party’s candidate for the state’s governorship election slated for November 11.
On August 18, the Court of Appeal held that the appeal argued by Adekunle Oladapo Otitoju on behalf of Senator Adeyemi was completely devoid of merit.
In a unanimous judgement of a three-member panel of Justices of the Court, Adeyemi was said to have failed to establish all grievous criminal allegations made against the conduct of the primary election by APC and its leaders.
Justice Mohammed Lawal Shuaibu, who delivered the lead judgement, resolved all three issues in dispute against Adeyemi and held 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 a fair hearing by the Appeal Committee of the APC based on his petition against the alleged unlawful conduct of the primary election.
Justice Shuaibu said that the issue of denial of a fair hearing was not raised in his originating summons at the Federal High Court and, 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 and went ahead to uphold the judgement of Justice James Omotosho of the Federal High Court in Abuja delivered on July 12, which held that Adeyemi did not prove his allegations that Ododo was not lawfully nominated by the APC.
Not satisfied, Senator Adeyemi had, therefore, sought an order of the Supreme Court, to set aside the judgments of the lower courts, sustain his appeal and grant all the reliefs he sought in his originating summons.
But in a unanimous judgement delivered by Justice Emmanuel Agim, the Supreme Court dealt him a fatal blow as it held that the appeal lacked merit, having failed to challenge the concurrent findings of both lower courts or demonstrate that the same were perverse.
It also held that the two issues raised in the appellant’s brief were unreasonable, vexatious, not triable, and against the provisions of Sections 132 and 133(1) of the Evidence Act 2011.
“On the whole, this appeal lacks merit. The arguments of the appellant on the grounds of appeal are unreasonable. The grounds of appeal did not show any complaint against the concurrent findings of the two lower courts. The appeal fails for lacking merit.”
Justice Agim noted that the power of the Supreme 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.
It also described as contemptuous the practice of parties appearing on TV stations to discuss pending appeals.
“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 Agim held, adding that “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 fact 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).”
