According to Supreme Court, Ademola Adeleke is the rightful PDP Candidate in Osun State
The Supreme Court has dismissed the suit challenging the authenticity of Ademola Adeleke’s candidacy in the just concluded Osun State Governorship Election in South-West Nigeria. The suit was instituted by Dotun Babayemi, a former governorship aspirant of the Peoples Democratic Party in Osun. In a judgement delivered by Justice Amina Augie, the five-member panel held that the court lacked jurisdiction to hear the suit after counsel for the appellant, Adebayo Adelodun, withdrew the earlier notice of appeal that was filed within time.
At the resumed hearing, Adelodun, who represented the appellant and Babayemi informed the court that he desired to withdraw the prior notice of appeal and replace it with the current application he submitted.
The panel, however, determined that because the second appeal was filed after the deadline had passed and in violation of Section 285(11) of the constitution, which requires pre-election appeals to be filed within 14 days of the decision date, the apex court lacked jurisdiction to hear the case.
As a result, Justice Augie rejected the appeal as being without jurisdiction.
Invoking a breach of a court order, Babayemi had asked the court to declare the primary election that produced the new governor invalid.
Adeleke’s victory in the gubernatorial primary was affirmed by Justice Nathaniel Ayo-Emmanuel of the Federal High Court in Osogbo in his ruling on the subject on May 18.
Also, the Court of Appeal, Akure Division, in its ruling of July 20 on the appeal filed against the order of the Federal High Court, Osogbo, agreed with the lower court and dismissed Babayemi’s appeal.
Adeleke defeated All Progressives Congress governor Gboyega Oyetola in the state’s governorship election after winning the party’s primary.
According to the Independent National Electoral Commission’s report from July, Oyetola, who ran for reelection, won 13 local governments while Adeleke won 17 of the 30 local government areas.