By Kamil Opeyemi
The Supreme Court has dismissed an appeal filed by Senator Smart Adeyemi against the judgments of the two lower courts on the All Progressives Congress’ primary election which held in Kogi State on April 15, 2023.
In a unanimous judgement on Monday, the court 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 Senator Adeyemi’s brief were unreasonable, vexatious, and against the provisions of Section 132 and 133(1) of the Evidence Act 2011.
Ododo, a former local government auditor-general in the state, scored 78, 704 votes to beat six other contestants in the APC primary.
Salami Momodu got 1,506 votes, Yahaya-Ashemogu secured 1,159 and Abubakar Audu polled 763.
Stephen Ocheni garnered 552 votes, Sanusi Ohiare had 424, and Smart Adeyemi got 311 votes.
Senator Adeyemi, who represented Kogi West Senatorial District in the 9th Assembly, subsequently approached the Federal High Court seeking to nullify the primary election of the APC which produced Usman Ododo as the party’s flag bearer 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 court also described as contemptuous, the practice of parties appearing on TV stations to discuss pending appeals.
Dissatisfied Adeyemi further appealed to the supreme court.
In its verdict, Emmanuel Agim, who read the lead judgment, said the APC provided credible evidence to prove that the primary election that produced Ododo as the governorship flagbearer was validly conducted.
No ground of the appeal suggests that findings of both the trial court and the lower court were perverse,” Agim said.
He held that the appeal was incompetent, frivolous, vexatious and deserved to be dismissed, adding that Adeyemi failed to disclose any reasonable cause of action against the respondents.
“On the whole, this appeal fails and it is accordingly dismissed. A cost of one million is hereby awarded against the 1st and 3rd respondents,” he added.