A Federal High Court in Akure, Ondo State, has dismissed a lawsuit challenging the eligibility of Governor Lucky Aiyedatiwa and his deputy, Olayide Adelami, to run in the upcoming governorship election scheduled for 16 November 2024.
The case was filed by Olugbenga Edema, the governorship candidate of the New Nigeria People’s Party (NNPP), who sought a court order to compel the Independent National Electoral Commission (INEC) to withdraw Aiyedatiwa and Adelami’s nomination as candidates. Edema, who defected to NNPP after a loss in the APC primaries, accused Aiyedatiwa of fraudulently acquiring the APC governorship ticket—a claim that Aiyedatiwa has denied.
Edema’s legal challenge hinged on the interpretation of Section 15 of the Third Schedule to the 1999 Constitution (as amended), which addresses the eligibility of political candidates. The suit named Aiyedatiwa, Adelami, INEC, and the APC as defendants.
However, in a notable development, the NNPP, which was a second plaintiff in the suit, requested to be removed from the case. The court granted the request, striking out the party’s name from the list of plaintiffs.
During Monday’s hearing, Soladoye Ekundayo, representing the plaintiff, informed the court that an appeal had been filed challenging the removal of NNPP from the suit. Ekundayo also requested an adjournment to amend the plaintiff’s pleadings accordingly.
In response, the legal teams for the defendants—Governor Aiyedatiwa, his deputy, INEC, and the APC—argued that the case should be dismissed due to the plaintiff’s lack of diligence in prosecuting the matter.
Charles Edosomwan, lead counsel for the defendants, pointed out that the court had already directed the necessary amendments following the removal of NNPP, and stressed that the filing of an appeal did not automatically halt proceedings.
He further criticized the plaintiff for not seeking a formal application to stay proceedings or make the required adjustments.
Justice Toyin Bolaji Adegoke, who presided over the case, expressed dissatisfaction with the plaintiff’s failure to comply with the court’s earlier directives.
She stated that the plaintiff’s lack of amendments to the pleadings had significantly hindered the case. Justice Adegoke also condemned the plaintiff’s request for an adjournment, calling it self-serving and lacking merit.
As a result, the court dismissed the suit and imposed a N100,000 fine on Edema for his lack of diligence in handling the case. The ruling effectively paves the way for Governor Aiyedatiwa and Deputy Governor Adelami to continue their bid for re-election in the 2024 Ondo State governorship race without legal hindrances.
