The Osun state governor – elect, Senator Ademola Adeleke on Thursday floored his opponent Dotun Babayemi at the Supreme Court in a pre election dispute.
Apex Court in unanimous judgment dismissed Babayem’s appeal challenging Adeleke emergency as Peoples Democratic Party,PDP, Governorship candidate, for lack of jurisdiction.
Babayemi had lodged the appeal challenging the judgment of the court of appeal and prayed the apex court to set aside the concurrent decisions of the lower courts and to declare him as the PDP candidate for the July 16, 2023 governorship election in Osun State.
But, before the appellant counsel Adebayo Adelodun (SAN) could moved the court to hear the appeal the five-member Justices of the apex court, presided by Justice Amina Augie noted that the appeal was filed outside the time allowed by statute.
The panel therefore sought the opinion of counsel on observed lapses. Adelodun argued that it was filed within time and that the counting begins a day after the judgment of the Court of Appeal.
The Justices on the panel disagreed and pointed out that in election matter the counting of time begins from the date of event . They added that the Supreme Court had that position and adhere to it in the past eight years on all elections related matters.
They also noted that the only way to deviate from it past decisions was for the appellant to apply for a full court to hear him and possibly deviate from the earlier decisions.That however, would not be possible, they stated because the time allowed for matter elapsed today.
They noted that, “A pre-election matter has a period of 14 days, and like a rock of gibraltar cannot be moved”, the court added that, there is nothing before the court to invoke it’s jurisdiction
Further efforts by counsel to the appellant, Adelodun (SAN) to convince the panel to take a look at the merits of the appeal proved abortive as the court held that it lacks jurisdiction to entertain the matter
Consequently, the senior Counsel reluctantly withdrew the appeal , after Adeleke’s lawyer had threatened to move a motion to ask for N10m cost if the appellant continue to delay the matter.
The Justices on the panel unanimously dismissed the appeal.
Recalled that the lower court sitting in Osogbo had in its judgment affirmed Adeleke as the candidate of the PDP.
Dissatisfied with the ruling of the lower court, Babayemi approached the Appeal Court to challenge the ruling.
The Court of Appeal in its judgment upheld the verdict of the trial High Court and consequently dismissed Babayemi’s appeal.
The election dispute had arose after
two factions of the party on March 8, 2021, conducted parallel governorship primaries featuring Adeleke and Babayemi.
Babayemi was declared the winner of the primary election held at the Children and Women Development Centre in Osogbo, while Adeleke was declared as winner of the primary election held at Osogbo City Stadium.
Adeleke was recognised as the duly-elected candidate of the party by its National Working Committee and his name was forwarded to the Independent National Electoral Commission (INEC).