The Appeal Court in Akure, the Ondo State capital, has upheld the victory of Governor Lucky Aiyedatiwa and his deputy, Dr. Olayide Adelami, in the November 16, 2024 governorship election.
In a unanimous decision delivered by Justice Oyebisi Omoleye, the appellate court affirmed the earlier judgment of the Federal High Court, which had dismissed the suit brought by Hon. Olugbenga Edema, the candidate of the New Nigeria People’s Party (NNPP).
Edema’s suit challenged the validity of the primary election that resulted in Aiyedatiwa’s nomination as the All Progressives Congress (APC) candidate.
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Justice Toyin Bolaji Adegoke, who presided over the court, based her judgment on the plaintiff’s refusal to comply with a previous court order.
Edema, through his lawyer, Mr. Abayomi Ojo, had sought a court order to compel the Independent National Electoral Commission (INEC) to withdraw the nomination and publication of Aiyedatiwa and Adelami as candidates.
In his suit, Edema asked the court to interpret Section 15 of the Third Schedule to the Constitution regarding the nomination of the APC candidates.
The defendants in the suit were Aiyedatiwa, Adelami, INEC, and the APC, while Edema and the NNPP were the plaintiffs.
Justice Adegoke had previously struck out the NNPP as a plaintiff, rendering the suit invalid and leading to its dismissal.
Edema subsequently appealed this verdict, asking the appellate court to assume jurisdiction as the trial court and overturn the lower court’s decision.
At the appeal hearing, Ojo represented the appellant, while Prince Onwjeome appeared for INEC, and Johnson Samuel represented the APC. Adesoji Adedoyin represented Governor Aiyedatiwa, Dr. Remi Olatubora, SAN, represented the deputy governor, and SK Idowu was the lawyer for the NNPP.
The respondents’ lawyers argued that the appeal lacked merit and constituted an abuse of court process, urging the court to dismiss it for lack of jurisdiction.
In its verdict, the three-man appeal panel unanimously ruled against Edema on all issues and dismissed the appeal due to abuse of court process and lack of merit.
The court also imposed a fine of N1 million on the appellant in favor of each of the respondents.
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