The Supreme Court, on Thursday, affirmed the Governor-elect of Osun state, Senator Ademola Adeleke as the authentic candidate of the Peoples Democratic Party, PDP, for the gubernatorial election that held in the state on July 16.
The apex court, in a unanimous judgement by a five-man panel of justices, dismissed an appeal that was lodged against Adeleke by Prince Dotun Babayemi who laid claim to governorship ticket of the PDP, having emerged from a parallel primary election that was held by a faction of the party in the state.
Counsel to the Appellant, Adebayo Adelodun, SAN, withdrew the appeal after the panel led by Justice Amina Augie, drew his attention to the fact that the case was statute barred.
The panel had maintained that the appeal was incompetent, stressing that it was filed outside the 14 days period provided by the law.
It noted that whereas the Appellant filed a first appeal that was within time, he later substituted it with the instant appeal.
According to the panel, while computing the 14 days period, the counting must start from the date that the judgement that was appealed against, was delivered.
Justice Augie held that the panel was bereft of the jurisdiction to entertain an incompetent appeal.
On his part, Adeleke’s lawyer, M. S. Atolagbe, said his client would demand for a cost of N10million from the Appellant, to be personally paid by his counsel, should he insist on proceeding with the appeal.
Left with no option, Adelodun, SAN, applied and withdrew the appeal.
It will be recalled that though Babayemi and Adeleke emerged from parallel primary elections, the National Working Committee, NWC, of the PDP, recognized the later and forwarded his name to the Independent National Electoral Commission, INEC, as its gubernatorial flag-bearer.
The Court of Appeal in Akure, Ondo State, had on July 20, also dismissed Babayemi’s appeal against Adeleke for want of merit.
However, not satisfied with the action, Babayemi took the matter to both the High Court and the Court of Appeal, where he lost the case.
Adeleke won the July 16 governorship election after he defeated the incumbent governor, Gboyega Oyetola, who was candidate of the ruling All Progressive Congress, APC, in the contest.
Comments are closed.