A Court of Appeal sitting in Akure, Ondo State capital has dismissed a suit seeking to nullify the victory of Governor Lucky Aiyedatiwa and his deputy, Dr Olayide Adelami, in the November 16, 2024 governorship election.

In a unanimous judgment read by Justice Oyebisi Omoleye, the court affirmed the judgment earlier delivered by 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 election 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 in the election to obey the earlier order of the court.

Edema had, through his lawyer, 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.

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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, and Aiyedatiwa, Adelami, INEC, and the APC as defendants.

Justice Adegoke in her address noted that 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 approached the appellate court and asked the court to invoke its power to assume jurisdiction as the trial court, and also overturn the lower court’s decision that dismissed the suit.

At the hearing of the appeal, all the legal counsels to the respondents challenged the appeal for lacking merit, asking the court to dismiss it for lack of jurisdiction, arguing that the suit and appeal constituted an abuse of court process.

The three-man panel of judges agreed and unanimously resolved all the issues against Edema and consequently dismissed the appeal for abuse of court process and for lack of merit.

The court subsequently awarded a fine of one million naira to each of the respondents.