JUST IN: APPEAL COURT UPHOLDS AIYEDATIWA, ADELAMI’S ELECTION, DISMISSES NNPP CANDIDATE’S SUIT

The Court of Appeal sitting in Akure, Ondo State, has affirmed the election of Governor Lucky Aiyedatiwa and his deputy, Olayide Adelami, dismissing an appeal that challenged the validity of the APC primary that produced them as candidates.

Delivering the unanimous judgment, Justice Oyebisi Omoleye upheld the earlier ruling of the Federal High Court, which had dismissed the suit filed by Olugbenga Edema, candidate of the New Nigeria People’s Party (NNPP), on procedural grounds.

Justice Toyin Bolaji Adegoke of the Federal High Court had previously ruled that the suit became incompetent after the NNPP withdrew from the case, thereby leaving Edema without proper legal standing to continue the action.

Edema, through his counsel Abayomi Ojo, had urged the court to compel the Independent National Electoral Commission (INEC) to withdraw the nomination of Aiyedatiwa and Adelami, alleging constitutional breaches in the APC primary process. He sought the court’s interpretation of Section 15 of the Third Schedule to the 1999 Constitution (as amended).

Following the High Court’s dismissal, Edema proceeded to the appellate court to overturn the decision. However, all the respondents — including INEC, APC, Aiyedatiwa, and Adelami — urged the court to dismiss the appeal, arguing that it lacked merit and constituted an abuse of court process.

The Court of Appeal concurred, resolving all issues against Edema and awarding a fine of ₦1 million to each of the respondents.

Remi Olatubora, SAN, counsel to the Deputy Governor, welcomed the judgment, describing the suit as a waste of judicial resources.

“This is a case of an individual who contested under NNPP but is challenging the APC candidate’s victory. Our laws should not permit such cases. Justice has prevailed,” he said.

Also reacting to the ruling, the Attorney General and Commissioner for Justice, Kayode Ajulo, SAN, commended the court’s diligence and stated that the decision reaffirms the people’s mandate.

“The people spoke clearly. This is not a time for endless litigation, but a time to unite and move Ondo State forward,” he added.