Nigeria’s Supreme Court has 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.
Justice E. A Agim while delivering judgement of the Supreme Court ruled in favour of the defendant on Monday in Abuja, stated that the appeal has failed to challenge concurrent findings .
“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.
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.
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