Supreme Court on Thursday, September 29, upheld the July 16 Peoples Democratic Party’s governorship primary election that produced the Osun Governor-elect, Sen. Ademola Adeleke, as its candidate.
The five-member panel, in a judgment delivered by Justice Amina Augie, held that the court lacked jurisdiction to hear the suit after counseling for the appellant, Adebayo Adelodun, SAN, withdrew the earlier notice of appeal that was filed within time.
Upon resumed hearing in the matter, Adelodun, who appeared for the appellant and a PDP governorship aspirant, Dotun Babayemi, informed that he sought to withdraw the earlier notice of appeal to replace it with the fresh application he filed.
But the panel held that Section 285(11) of the constitution stipulated that an appeal on a pre-election matter must be filed within 14 days from the day of the decision and that having filed the second appeal out of time, the apex court lacked jurisdiction to entertain the matter
Justice Augie, therefore, dismissed the appeal for lack of jurisdiction.
In his judgment on the matter on May 18, Justice Nathaniel Ayo-Emmanuel of a Federal High Court, sitting in Osogbo, had upheld the governorship primary that produced Adeleke.
Also, the Court of Appeal, Akure Division, in its judgment of July 20 on the appeal filed against the decision of the Federal High Court, Osogbo, aligned with the lower court and dismissed Babayemi’s appeal.
Meanwhile, according to the spokesman of the Governor-elect, Mallam Olawale Rasheed; Senator Ademola Adeleke embarked on marathon praise songs after his victory at the Supreme Court over Prince Dotun Babayemi, a decisive judicial victory he dedicated to God and the good people of Osun state.
Amidst shout of thanks to Almighty God from top leaders and family members, the Governor-elect described the outcome of the case as the manifestation of the strong hand of God in his governorship project, declaring that he with the armour of God is in victory by divine will.
Senator Adeleke who described the lord judges as agents of truth and justice said his faith in the judiciary has always been strong despite the 2018 incident just as he acknowledged the newly rebranded judiciary as an harbinger of fairness and equity.
The Governor-elect who further appreciated his many supporters within and outside the country said he dedicated the victory to God and the people of Osun state whose tremendous support has kept him going since the departure of his late brother.
” As I noted in my statement yesterday, this project is divine and is here to stay. Our people voted for light and we must all defend and sustain that mandate built on our five point agenda for good governance”, Senator Adeleke noted.
Adeleke therefore called on Governor Gboyega Oyetola to start compiling his hand over notes, declaring ” the people’s mandate remains sacrosanct”
Furthermore, the PDP Senatorial Candidate for Osun Central, Ajagunla Olubiyi Fadeyi and the PDP Candidate for Ila/Ifedayo/Boluwaduro Federal Consistency, Hon. Clement Akanni Olohunwa have joined other good people of Osun state to congratulate the Governor-elect, Sen. Ademola Adeleke for the victory and described The Apex Court decision as a landmark in constitutional law.