JUST-IN: Appeal Court Dismisses Suit Challenging Aiyedatiwa’s Victory In Ondo

An Appeal Court sitting in Akure, the Ondo State capital has dismissed an appeal seeking to nullify the victory of Governor Lucky Aiyedatiwa and his deputy, Dr Olayide Adelami at the November 16, 2024 governorship election.

In a unanimous judgment read by Justice Oyebisi Omoleye, the court 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 NNPP’s candidate for the election 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 APC and his deputy as candidates.

Edema, in the 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 the 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.

Displeased with the verdict of the court, Edema appealed to the appellate court where he asked the court to invoke its power to assume jurisdiction as the trial court.

He also asked the court to overturn the lower court’s decision that dismissed the suit.

At the hearing of the appeal, Ojo represented the appellant while
Prince Onwjeome stood in for INEC while Johnson Samuel was the counsel of the APC.

Similarly, Adesoji Adedoyin represented Governor Aiyedatiwa, while 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, asking the court to dismiss the appeal for lack of jurisdiction, and that the suit and appeal constituted an abuse of court process.

In the verdict, the three-man appeal panel unanimously resolved all the issues against Edema and consequently dismissed the appeal for abuse of court process and for lack of merit.

The court also awarded a fine of N1 million to each of the respondents.

Reacting to the verdict of the court, Olatubora, SAN, 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.”

Also speaking, 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. On the judgment, I think we will need to first see this as another reaffirmation of the mandate of the people reposed on the governor of the state, Dr. Lucky Orimisan Aiyedatiwa.”

Ajulo added that, “There must be an end to this litigation; the people have spoken, and they spoke clearly. Using any other means, running from pillar to post, will not help; we belong to the same family, and we need to come together.

“What we should be discussing now is to see how we can move Ondo State forward, not with this endless litigation. Going further is a waste of time.”