The Court of Appeal sitting in Akure, Ondo State, has dismissed the appeal filed by Olugbenga Edema, the governorship candidate of the New Nigeria People’s Party, challenging the election of Governor Lucky Aiyedatiwa and his deputy, Dr. Olayide Adelami, in the November 16 governorship poll.
In a unanimous judgment delivered by Justice Oyebisi Omoleye on behalf of a three-member panel led by Justice Toyin Bolaji Adegoke, the court upheld the earlier ruling of the Federal High Court, which had dismissed Edema’s suit challenging the validity of the All Progressives Congress primary election that produced Aiyedatiwa as its flagbearer.
The appeal court held that Edema’s case lacked merit and constituted an abuse of court process, particularly for failing to comply with a prior order of the court.
Edema, through his counsel Mr. Abayomi Ojo, had approached the Federal High Court seeking an order compelling the Independent National Electoral Commission to nullify the nomination of Governor Aiyedatiwa and his running mate, Dr. Adelami, as candidates of the APC. He asked the court to interpret Section 15 of the Third Schedule to the 1999 Constitution (as amended) in relation to their candidacy.
In the suit, Edema and the NNPP were listed as plaintiffs, while Aiyedatiwa, Adelami, INEC, and the APC were named as defendants.
However, Justice Adegoke ruled that the removal of NNPP’s name as a plaintiff rendered the suit incompetent, thereby leading to its dismissal.
Dissatisfied with the outcome, Edema filed an appeal, urging the appellate court to assume jurisdiction and set aside the High Court’s ruling.
During the hearing, Edema was represented by Mr. Abayomi Ojo, while Prince Onwjeome represented INEC. Mr. Johnson Samuel appeared for the APC, Mr. Adesoji Adedoyin stood for Governor Aiyedatiwa, and Dr. Remi Olatubora (SAN) represented the Deputy Governor. NNPP was represented by Mr. S.K. Idowu.
The respondents argued that the appeal lacked substance and amounted to an abuse of judicial process. They therefore urged the court to dismiss it.
The appellate court, after reviewing the submissions, resolved all issues against the appellant and held that the appeal was frivolous and lacked merit. The court consequently dismissed the case and imposed a fine of ₦1 million in favour of each respondent.
Dr. Remi Olatubora (SAN), counsel to the Deputy Governor, welcomed the judgment, describing the case as a blatant abuse of court process.
“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 ₦1 million fine awarded to each respondent,” Olatubora stated.
Also reacting to the verdict, the Attorney General and Commissioner for Justice in Ondo State, Dr. Kayode Ajulo (SAN), praised the justices for their courage and depth in delivering the ruling.
“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,” he said.
Ajulo further called for unity among the people of the state, urging stakeholders to prioritise development over persistent legal distractions.
“What we should be discussing now is how to move Ondo State forward, not wasting time on frivolous court cases,” he concluded.
