Appeal court affirms Aiyedatiwa, deputy’s victory

DAMISI OJO, Akure

The Court of Appeal sitting in Akure, the Ondo State capital, has dismissed the appeal filed against the victory of Governor Lucky Aiyedatiwa and his Deputy, Dr Olayide Adelami, at the November 16, 2024 governorship election.

The court in a unanimous judgment read by Justice Oyebisi Omoleye affirmed the judgment of the Federal High Court, which dismissed the suit filed by the candidate of the New Nigeria People (NNPP), which challenged the validity of the primary that produced Aiyedatiwa as the candidate of All Progressives Congress (APC).

The court presided over by Justice Toyin  Bolaji Adegoke predicated her judgment on the refusal of the plaintiff, Hon Olugbenga Edema, who was the New Nigeria People’s Party (NNPP) candidate for the November 16 governorship, to obey the earlier order of the court.

Edema had, through his lawyer, Mr. Abayomi Ojo, sought the court’s order to compel the Independent National Electoral Commission (INEC) to withdraw the nomination and the publication of the names of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) and his deputy as candidates.

Edema, in a suit, asked the court to interpret the applicability of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) over the nomination of the APC candidates.

The suit had Edema and NNPP as plaintiffs, just as it had Aiyedatiwa, Adelami, INEC, and All Progressives Congress (APC) as defendants.

However, Justice Adegoke said striking out the name of the NNPP as one of the plaintiffs rendered the suit impotent and consequently dismissed it.

Disatisfied with the verdict of the court, Edema appealed to the appellate court. He asked the court to invoke its power to assume jurisdiction as the trial court. He also asked the court to overturn the court’s decision that dismissed the suit.

At the hearing of the appeal, Ojo represented the appellant while  Prince Onwjeome stood in for the Independent National Electoral Commission (INEC), and Johnson Samuel was the counsel of the APC.

Similarly, Adesoji Adedoyin was the counsel of Governor Aiyedatiwa, and Dr Remi Olatubora SAN represented the Deputy Governor, and SK Idowu was the lawyer to the NNPP.

All the lawyers to the respondents challenged the appeal for lacking merit. They also asked the court to dismiss the appeal for lack of jurisdiction, and that the suit and appeal constituted an abuse of the court process.

In the verdict, the three-man appeal panel unanimously resolved all the issues formulated against Edema and consequently dismissed the appeal for abuse of court process and for lack of merit. The court awarded a fine of one million to each of the respondents.

Reacting to the decision of the court, Olatubora SAN said the case filed by Edema constituted abuse of court process since a similar case had earlier been dismissed by the same appeal court.

Olatubora said, “Going forward, our system must be reformed in such a way that a suit like this one should never be permitted in the first instance. This is a case of an individual who contested the election as the candidate of NNPP and now came to court after the conclusion of the election to challenge Aiyedatiwa, who was declared the winner of the election on the platform of APC.

“I feel that our law should not allow this kind of suit, and you can imagine the amount of time we have expended in litigating this case at the Federal High Court and subsequently at the Court of Appeal. The joy of it is that justice has been done and the case has been dismissed with a cost of N1 million to each respondent.”

Similarly, the Attorney General and Commissioner for Justice, Dr Kayode Ajulo SAN, who witnessed the hearing and judgment of the suit, saluted the industry and courage of the judges, saying he agreed with the decision of the court.

Ajulo said, ” One cannot but salute the industry and courage of the judges. I was in the court from the beginning to the end. You can see the erudition and the research that can sum up the judgment.

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