Appeal Court upholds Aiyedatiwa’s victory, dismisses NNPP candidate’s suit

The Court of Appeal sitting in Akure, has upheld as valid the primary election that produced Governor Lucky Aiyedatiwa as candidate of the All Progressives Congress (APC)

It said the appellant, Hon Olugbenga Edema, who was candidate of the New Nigeria People’s Party (NNPP) candidate for the November 16 governorship election refused to obey an earlier order of the court.

Edema had asked the court to order the Independent National Electoral Commission (INEC) to withdraw the nomination and the publication of the names of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) and his deputy as the party’s candidates.

He urged 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 candidate.

But Justice Toyin Bolaji Adegoke held that omission of the name of the NNPP as one of the plaintiffs rendered the suit impotent and subsequently dismissed it. 

Not satisfied with the High Court’s ruling, Edema urged the Appeal Court to invoke its power to assume jurisdiction as the trial court as well as overturn the court’s decision to dismiss the suit.

Justice Oyebisi Omoleye who read the judgment said the three-man panel unanimously resolved all the issues formulated against Edema and consequently dismissed the appeal for abuse of court process and for lack of merit. 

A fine of N1m were awarded against each of the respondents.