In the recently completed Osun State Governorship Election in South-West Nigeria, Ademola Adeleke’s candidacy was challenged, but the Supreme Court dismissed the case.
Dotun Babayemi, a previous candidate for governor of Osun with the Peoples Democratic Party, filed the lawsuit.
After Adebayo Adelodun, the appellant’s counsel, withdrew an earlier notice of appeal that was timely filed, the five-member panel concluded that the court lacked jurisdiction to hear the case. Justice Amina Augie delivered the judgment.
Adelodun, who represented the appellant and Babayemi at the resumed hearing, notified the court that he was seeking to withdraw the prior notice of appeal and substitute it with the most recent motion he had submitted.
However, the panel ruled that because the second appeal was filed after the deadline had passed, the apex court lacked jurisdiction to hear the case. Section 285(11) of the constitution stipulates that an appeal on a pre-election matter must be filed within 14 days of the day of the decision.
As a result, Justice Augie dismissed the appeal as being without jurisdiction.
Invoking a breach of a court order, Babayemi had urged the court to declare the primary election that produced the new governor unlawful.
Adeleke’s victory in the governorship primary was affirmed by Justice Nathaniel Ayo-Emmanuel of the Federal High Court in Osogbo in his ruling on the subject on May 18.
Additionally, the Federal High Court, Osogbo, judgement was appealed, and the Court of Appeal, Akure Division, sided with the lower court and dismissed Babayemi’s appeal in its judgment of July 20.
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 last July, Oyetola, who ran for reelection, won 13 local governments while Adeleke won 17 of the 30 local government areas.