Gov Lucky Aiyedatiwa

The suit challenging the eligibility of Gov Lucky Aiyedatiwa of Ondo State and his deputy, Olaiyide Adelami, in participating in the November 16, 2024, gubernatorial election has been dismissed by the Federal High Court in Akure.

Delivering judgment, Justice Toyin Adegoke ruled that the plaintiff, Olugbenga Edema, failed to comply with an earlier court directive, leading to the case’s dismissal.

The judge also imposed a ₦100,000 fine on the plaintiff for lack of diligent prosecution.

Edema, the New Nigeria People’s Party (NNPP) governorship candidate, had approached the court to challenge Aiyedatiwa’s nomination by the All Progressives Congress (APC).

He sought an order compelling the Independent National Electoral Commission (INEC) to withdraw the APC governor and deputy governor’s candidacy from the race.

The suit sought an interpretation of Section 15 of the Third Schedule of the 1999 Constitution regarding Aiyedatiwa’s nomination process.

Edema and NNPP were initially joint plaintiffs, while Aiyedatiwa, Adelami, INEC, and APC were named as defendants.

During the case proceedings, NNPP withdrew from the suit, and the court struck out its name as a plaintiff.

Justice Adegoke ordered Edema to amend his pleadings to reflect the change before the next hearing.

However, at the Monday hearing, Edema’s counsel, Soladoye Ekundayo, revealed that his client had filed an appeal against the ruling that removed NNPP from the case. He sought an adjournment to allow time for amendments.

Representing the defendants, Charles Edosomwan, Banjo Aiyenakin, Ebun-Olu Adegboruwa, and Remi Olatubora opposed the adjournment request, urging the court to dismiss the suit for lack of diligent prosecution.

Edosomwan argued that filing an appeal does not automatically halt proceedings. He insisted that Edema had made no formal application for a stay of proceedings and that the case should be dismissed immediately.

Aiyenakin concurred, stating that failure to amend the pleadings constituted an abandonment of the case.

Adegboruwa emphasized that the court-ordered adjustments were due by February 18, yet as of March 10, no action had been taken.

In her ruling, Justice Adegoke affirmed that a notice of appeal does not automatically halt court proceedings.

She criticized the plaintiff’s disregard for court orders, describing it as self-serving. She also ruled that the failure to amend the pleadings significantly affected the case’s merit.

Consequently, the case was dismissed, and the plaintiff was fined N100,000 for wasting the court’s time.

The suit stemmed from Edema’s defection to NNPP after losing the APC governorship primaries. He had accused the APC of fraudulently securing Aiyedatiwa’s ticket, a claim the governor strongly denied.