Ondo Election: Appeal Court Again Endorses Aiyedatiwa, Adelami, As Gov, Deputy, Throws Out Edema, NNPP Appeal

By Ayodele Oni

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, Olayide Adelami, in the November 16 governorship election.

Plaintiff in the case is Olugbenga Edema, who was the New Nigeria People’s Party (NNPP) candidate for the November 16 governorship election.

The Court in a unanimous judgment read by Justice Oyebisi Omoleye affirmed the judgment of the Federal High Court which earlier dismissed the suit filed by the candidate of the (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, Olugbenga Edema, 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 lower 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.

Displeased with the verdict, 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 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 awarded a fine of one million in favour of each of the respondents.