A Nigerian newspaper and Online version of the Vanguard, a daily publication in Nigeria covering Nigeria news, Niger delta, general national news, politics, business, energy, sports, entertainment, fashion,lifestyle human interest stories, etc
The Supreme Court, on Monday, finally dismissed an appeal filed by Senator Smart Adeyemi against the judgments of the two lower courts on the All Progressives Congress, APC’s primary election, which was held in Kogi State on April 15.
Smart 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. 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 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 Supreme Court ruled.
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. 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.
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