The Federal High Court in Akure has dismissed the suit challenging the eligibility of the Ondo State Governor, Lucky Aiyedatiwa and his deputy, Olaiyide Adelami, for the 16 November 2024 governorship election in the state.
Trial judge Toyin Adegoke, while dismissing the suit, said the plaintiff, Olugbenga Edema, failed to obey an order earlier made by the court.
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Mr Edema was the candidate of the New Nigeria People’s Party (NNPP) in the governorship election.
He had sought the court’s order to compel the Independent National Electoral Commission (INEC) to withdraw the nomination and the publication of the names of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) and his deputy as candidates.
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Mr Edema, in the suit, asked the court to interpret the applicability of Section 15 of the Third Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) over the nomination of the APC candidates. The suit had Mr Edema and NNPP as plaintiffs, just as it had Mr Aiyedatiwa, Mr Adelami, INEC, and the All Progressives Congress (APC) as defendants.
However, midway through the consideration of the matter, the NNPP, the second plaintiff, sought to be withdrawn, and its name was struck out as one of the plaintiffs. The court expressly granted the request. The court also ordered the plaintiff to adjust his pleadings before the court.
But when the case came up for hearing on Monday, the counsel to the plaintiff, Soladoye Ekundayo, said he had filed an appeal against the court ruling that struck out the name of NNPP from the suit. He told the court to grant an adjournment for the plaintiff to amend his pleadings.
But counsel to Messrs Aiyedatiwa, Adelami, INEC and APC, Charles Edosanwon, Banjo Aiyenakin, Ebun-Olu Adegboruwa, and Remi Olatubora asked the court to dismiss the suit for want of diligent prosecution.
Mr Edosomwan, who led the defendants, said the order at the last adjourned date was for the parties to make consequential adjustments to their pleas, having struck out the name of the first plaintiff from the suit.
He said the fact that an appeal had been filed was not a stay of proceeding but added the plaintiff had not made any application before the court and asked the court to dismiss the case. He said the case must end so the parties could take all the issues to the Court of Appeal.
During the proceedings, Mr Aiyenakin concurred with Mr Edosomwan’s arguments, emphasising that the plaintiff’s failure to amend their pleadings constituted a disregard for the court’s lawful directive.
He argued that this inaction effectively amounted to an abandonment of the case. Mr Olatubora similarly supported the defendants’ position, asserting that his client had responded to the plaintiffs’ claims through a counter-affidavit. He further stated that all parties had submitted their pleadings and presented evidence.
Mr Aiyenakin stated that the case had legally reached a point of no return. Mr Adegboruwa added that the court-ordered adjustments to the plaintiff’s case, due by 18th February, had not been made as of 10th March. He urged the court to dismiss the case because of a lack of diligent prosecution and non-compliance with the court’s order. He further argued that since the appeal was interlocutory (an appeal made during the case), it did not halt the hearing of the main lawsuit.
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Judge Adegoke ruled that a notice of appeal does not automatically halt proceedings and noted the absence of an affidavit supporting the claim of a pending appeal. She criticised the plaintiff’s disregard for the court’s order as self-serving and stated that the failure to amend the pleadings significantly impacted the case.
Consequently, she dismissed the suit and imposed a N100,000 fine on the plaintiff, stating they did not warrant an adjournment.
This case stemmed from Mr Edema, now the NNPP candidate, challenging Governor Aiyedatiwa’s APC governorship ticket. Mr Edema alleged the APC ticket was fraudulently obtained, a claim Mr Aiyedatiwa strongly refuted. Mr Edema had switched parties after losing the APC primaries.
