By Kamsi Anayo
The Supreme Court of Nigeria has upheld Senator Ademola Adeleke as the authentic candidate of the People’s Democratic Party in the July governorship election in Osun state.
The five-member panel, in their judgment delivered by Justice Amina Augie, affirmed that the Apex court lacked the jurisdiction to hear the suit after counsel for the appellant, Adebayo Adelodun, SAN, withdrew the earlier notice of appeal that was filed within time.
Recall that the Peoples Democratic Party (PDP)’s governorship primary election, on July 16, produced the Osun Governor-elect, Sen. Ademola Adeleke, as its candidate.
At the resumed hearing in the case, Adelodun, who appeared for Dotun Babayemi, told the court that he is withdrawing the earlier notice of appeal to replace it with the fresh application he filed.
But the five man Supreme Court panel relying on Section 285(11) of the constitution held that an appeal on a pre-election matter must be filed within 14 days from the day of the decision, adding that having filed the second appeal out of time, the apex court lacked jurisdiction to entertain the matter
Justice Augie, therefore, dismissed the appeal for lack of jurisdiction.
Babayemi, in his suit prayed the court to invalidate the primary election that produced the governor-elect, citing non-compliance with a court order.
In his judgment on the matter on May 18, Justice Nathaniel Ayo-Emmanuel of a Federal High Court, in Osogbo, affirmed the governorship primary that produced Adeleke.
Also, the Court of Appeal, Akure Division, in its judgment on July 20, on the appeal filed against the decision of the Federal High Court, Osogbo, aligned with the lower court and dismissed Babayemi’s appeal.
Prince Dotun Babayemi had dragged the Governor-Elect to the court, asking to be recognized as the candidate of the party.
Babayemi emerged from a factional primary held on March 8 at WOCDIF event center.
Details later…
