The Court of Appeal sitting in Akure, Ondo State, 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.
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.