The Supreme Court of Nigeria, on Thursday, declared Ademola Adeleke as the authentic candidate of the Peoples Democratic Party, PDP in the just concluded Osun Guber Elections.
The court dismissed an appeal filed by Prince Oyedotun Babayemi seeking to be declared as the candidate for the now-rested July 16 Governorship election.
The apex Court in Suit No: SC/CV/914/2022: (Prince Oyedotun Babayemi V PDP, INEC & Ademola Adeleke), affirmed Senator Ademola Adeleke as the validly elected PDP candidate for the said election.
Babayemi had filed his Notice of Appeal in time but but filed the second one on Day 15, contrary to Section 285. He abandoned the first and based his Brief on the second ‘incompetent’ one. The Justices noted that the Notice of Appeal was incompetent and dismissed same with no cost.
The panel led by Justice Amina Augie ruled that the case was statute-barred having been filed outside the 14 days Constitutional period set out for Appeal. Prince Babayemi and Senator Adeleke had locked horns in a legal battle over who was validly elected after parallel primaries were conducted in different locations of the State Capital, Osogbo.
On March 8, Babayemi was declared winner of the primary election held at the Women and Children Development Initiative Foundation (WOCDIF) in Osogbo. However, on the same day, the Independent National Electoral Commission (INEC) monitored and recognised the NWC-backed Primary held at the Osogbo City Stadium, under the supervision of Deputy Governor of Bayelsa State, Lawrence Ewhrudjakpo, as Chairman with Senator Adeleke announced winner.
In a list of candidates later released by INEC, Adeleke was recognised as duly elected, a decision which set a template for a flurry of litigations.
Babayemi has prior to this, approached a federal high court and his case was dismissed before heading to the Apex court
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