On Thursday, the Supreme Court confirmed the results of the Peoples Democratic Party’s primary election for governor held on July 16 and won by Sen. Ademola Adeleke of Osun.
After counsel for the appellant, Adebayo Adelodun, SAN, withdrew an earlier notice of appeal that was timely submitted, the five-member panel concluded that the court lacked jurisdiction to hear the case. This conclusion was made in a judgment issued by Justice Amina Augie.
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When the case’s hearing was resumed, Adelodun, who represented the appellant and a PDP candidate for governor, Dotun Babayemi, stated that he was seeking to substitute the prior notice of appeal with the newly filed application.
However, the panel determined that Section 285(11) of the constitution required an appeal on a pre-election subject to be filed within 14 days of the day of the ruling and that the supreme court lacked jurisdiction to hear the matter because the second appeal was filed beyond the deadline.
As a result, Justice Augie dismissed the appeal as being without jurisdiction.
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According to the News Agency of Nigeria, Babayemi requested that the primary election that resulted in the governor-elect be declared unconstitutional on the grounds that it had not been conducted in accordance with a court ruling.
Adeleke’s victory in the governorship primary was maintained by Justice Nathaniel Ayo-Emmanuel of a Federal High Court, sitting in Osogbo, in his decision on the case 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.
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