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The Federal High Court in Akure dismissed a lawsuit, on November 16, 2024, taking part in the gubernatorial election and dismissed the lawsuit disputing the eligibility of Ondo Governor Lucky Aiyedatiwa and his deputy Olaiyide Adelami.
After the verdict, Judge Toyin Adegoke held that plaintiff Orgbengga’s edema led to the dismissal of the case as he failed to comply with previous court orders. The judge also fined the plaintiffs 100,000 for lack of hardworking prosecutors.
Naija News understands that Edema, the new Nigerian People’s Party (NNPP) governor candidate, approached the court and challenged Aiyedatiwa’s All Progressives Congress (APC).
He sought an order to order the Independent National Election Commission (INEC) to withdraw candidates for APC governor and lieutenant governor.
The suit sought an interpretation of Section 15 of the 1999 Constitution’s third schedule regarding the AIYEDATIWA nomination process.
Edema and NNPP were initially co-plaintiffs, while Aiyedatiwa, Adelami, INEC and APC were appointed as defendants.
NNPP withdraws and court order adjustment
During the proceedings of the suit, the NNPP withdrew from the suit, and the court struck out its name as plaintiff.
Judge Adegouk ordered edema to amend his appeal to reflect the change before the next hearing.
However, during a hearing Monday, edema lawyer Soladoye Ekundayo revealed that his client had filed an appeal against the ruling that removed the NNPP from the case. He called for a delay to make time for corrections.
Charles Edsomwan, Banjo Aienakin, Even Olu Adegborwa and Remi Olatubola, representing the defendants, opposed the demand for delay and urged the court to dismiss the case due to lack of hardworking prosecution.
Edosomwan argued that filing an appeal would not automatically halt the proceedings. He argued that edema had not made a formal application for staying in the suit and that the suit should be dismissed immediately.
Ayenakin agreed, saying that failure to amend the suit constituted a waiver of the lawsuit.
Adegboruwa emphasized that adjustments to the court order are scheduled for February 18th, but as of March 10th no action had been taken.
The court dismisses the case and denies edema without any problems
In her ruling, Judge Adegouk confirmed that the notice of appeal does not automatically halt the court’s case.
She criticized the plaintiff for ignoring the court’s orders and described it as selfish. She also determined that the failure to amend the pleading had a significant impact on the merits of the case.
As a result, the lawsuit was dismissed and the plaintiff was fined N100,000 for wasting his court time.
The lawsuit stems from the asylum of edema to the NNPP after losing the APC governorship primary. He accused the APC of fraudulently securing tickets for Aiyedatiwa, but the governor claims he strongly denied it.
