The Court of Appeal sitting in Akure, the Ondo State capital, has dismissed the appeal filed by Olugbenga Edema, the New Nigeria People’s Party (NNPP) candidate, challenging the victory of Governor Lucky Aiyedatiwa and his deputy, Dr. Olayide Adelami, in the November 16 governorship election.
Edema had earlier approached the Federal High Court to order the Independent National Electoral Commission to remove the candidate of the All Progressives Congress, Aiyedatiwa, and his running mate, Adelami, from the list of candidates that contested the poll.
He also asked the court to interpret the application 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 candidate.
However, the court struck out the case.
Not satisfied with the outcome of the lower court, Edema approached the appellate court to challenge the high court’s verdict.
However, the appellate court, in a unanimous decision, upheld the earlier judgment of the Federal High Court, which had dismissed Edema’s suit challenging the validity of the All Progressives Congress (APC) primary that produced Aiyedatiwa as the party’s candidate.
The judgment was read by Justice Oyebisi Omoleye on behalf of the three-man panel.
The court, presided over by Justice Toyin Bolaji Adegoke, based its decision on Edema’s failure to comply with an earlier court order.
At the appeal hearing:
Abayomi Ojo represented Edema.
Prince Onwjeome appeared for INEC.
Johnson Samuel represented the APC.
Adesoji Adedoyin stood for Governor Aiyedatiwa.
Dr. Remi Olatubora (SAN) represented the Deputy Governor.
SK Idowu appeared for the NNPP.
The respondents argued that the appeal lacked merit and was an abuse of court process, urging the court to dismiss it.
In a unanimous verdict, the three-man appeal panel resolved all issues against Edema, dismissing the appeal for lack of merit and abuse of court process. The court awarded a ₦1 million fine to each respondent.
Dr. Remi Olatubora (SAN) hailed the judgment, stating that Edema’s case was an abuse of court process, noting that a similar case had already been dismissed by the same court.
“Going forward, our system must be reformed to prevent baseless suits like this. The time wasted in litigating this case could have been better spent.
“Justice has been served with the dismissal of the case and the ₦1 million fine awarded to each respondent,” Olatubora stated.
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Dr. Kayode Ajulo (SAN), the Attorney General and Justice Commissioner of Ondo State, commended the judges for their courage and thoroughness.
“This judgment reaffirms the people’s mandate reposed in Governor Lucky Orimisan Aiyedatiwa.
“We need to focus on moving Ondo State forward instead of endless litigation,” he added.
Ajulo further urged unity among the people of the state, emphasizing that ongoing litigation was counterproductive to the state’s progress.
“What we should be discussing now is how to move Ondo State forward, not wasting time on frivolous court cases,” he concluded.
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