The Court of Appeal sitting in Akure, Ondo State capital, has dismissed an appeal filed by the candidate of the New Nigeria People’s Party (NNPP), Gbenga Edema, challenging the victory of Governor Lucky Aiyedatiwa and his Deputy, Olayide Adelami, in the November 16, 2024, gubernatorial election.
The appellate court affirmed the earlier judgement of the Federal High Court, which ruled against the NNPP candidate in his bid to invalidate the primary election that produced Aiyedatiwa and Adelami as APC candidates.
In a unanimous judgement delivered by Justice Oyebisi Omoleye, the appellate court upheld the lower court’s dismissal of Edema’s suit, citing procedural flaws and abuse of the judicial process.
Justice Toyin Bolaji Adegoke of the Federal High Court had ruled that the suit became incompetent after the NNPP withdrew from the case, leaving Edema without a proper legal standing.
Edema had approached the Federal High Court seeking to nullify Aiyedatiwa’s candidacy over alleged irregularities in the APC primary.
The NNPP’s candidate, who hinged his suit on an interpretation of Section 15 of the Third Schedule to the 1999 Constitution (as amended), sought to compel the Independent National Electoral Commission (INEC) to withdraw the governor’s nomination.
The appellate court, which equally resolved all issues against Edema, dismissed the appeal for lacking merit and imposed a N1 million fine against the appellant in favour of each respondent, which includes Aiyedatiwa, Adelami, and INEC.
Meanwhile, counsel to the deputy governor, Remi Olatubora SAN, who lauded the verdict, frowned at Edema’s decision to challenge Aiyedatiwa’s candidacy post-election despite contesting the poll under the NNPP, stressing that the legal system must be reformed to prevent such suits.
He said, “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.”
On his part, Attorney General and Commissioner for Justice in the state, Kayode Ajulo SAN, hailed the judgement as a reaffirmation of Aiyedatiwa’s mandate, called for unity, and stressed the need to focus on advancing the state.
“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 in the governor of the state, Dr. Lucky Orimisan Aiyedatiwa.
“I have been saying this; 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.”