The Appeal Court sitting in Akure, the Ondo State capital, has declared Dr. Lucky Aiyedatiwa and Dr. Olayide Adelami, as the validly elected Ondo State Governor and Deputy Governor.
It thrashed the appeal filed by the New Nigeria People’s Party (NNPP) candidate in the November 18, 2024 Governorship Election, Mr. Olugbenga Edema, challenging Aiyedatiwa and Adelami’s victory at the exercise.
Also, the court unanimously upheld the earlier judgment of the Federal High Court, which had dismissed Edema’s suit challenging the validity of the All Progressives Congress (APC) primary that produced Aiyedatiwa as the party’s candidate.
The court’s three-man panel resolved all issues against Edema, and threw out the appeal for lack of merit and abuse of court process.
It awarded a N1 million fine to each respondent.
Justice Oyebisi Omoleye read the judgement on behalf of the three-man panel.
The court, presided over by Justice Toyin Bolaji Adegoke, based its decision on Edema’s failure to comply with an earlier court order.
Edema, who was represented by Ba4ister Abayomi Ojo, had sought a court order compelling the Independent National Electoral Commission (INEC) to withdraw the nomination of Governor Lucky Aiyedatiwa and Dr. Olayide Adelami as APC candidates.
He 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) regarding their nomination.
The suit listed Edema and NNPP as plaintiffs, with Aiyedatiwa, Adelami, INEC, and the APC as defendants.
But Justice Adegoke ruled that the removal of NNPP’s name as a plaintiff rendered the suit ineffective, leading to its dismissal.
Dissatisfied with the decision, Edema appealed, requesting that the Court of Appeal assumed jurisdiction and overturned the Federal High Court’s decision.
At the appeal hearing, Abayomi Ojo represented Edema; Prince Onwjeome appeared for INEC; Johnson Samuel represented the APC; Adesoji Adedoyin stood for Governor Aiyedatiwa; Dr. Remi Olatubora (SAN) represented the Deputy Governor; while SK Idowu appeared for the NNPP.
The respondents argued that the appeal lacked merit and was an abuse of court process, urging the court to dismiss it.
Responding to the judgement, Dr. Remi Olatubora (SAN) hailed the judgment, stating that Edema’s case was an abuse of court process, noting that a similar case had already been dismissed by the same court.
He said, “Going forward, our system must be reformed to prevent baseless suits like this.
“The time wasted in litigating this case could have been better spent. Justice has been served with the dismissal of the case and the N1 million fine awarded to each respondent”.
Ondo State Attorney General and Justice Commissioner, Dr. Kayode Ajulo (SAN), commended the judges for their courage and thoroughness.
He said, “This judgment reaffirms the people’s mandate reposed in Governor Lucky Orimisan Aiyedatiwa. We need to focus on moving Ondo State forward instead of endless litigation”.
Ajulo further urged unity among the people of the state, emphasizing that ongoing litigation was counterproductive to the state’s progress.
He said, “What we should be discussing now is how to move Ondo State forward, not wasting time on frivolous court cases”.
