Olugbenga Edema, the New Nigeria People’s Party (NNPP) governorship candidate, filed a lawsuit seeking to compel the Independent National Electoral Commission (INEC) to revoke the nomination of Governor Aiyedatiwa of the All Progressives Congress (APC) and his running mate.
Edema, who defected to the NNPP after failing to secure the APC governorship ticket, alleged that Aiyedatiwa’s nomination was fraudulent. However, Aiyedatiwa denied the allegations. The NNPP candidate asked the court to interpret the application of Section 15 of the Third Schedule of the 1999 Constitution (as amended) regarding the APC candidates’ nomination.
The lawsuit listed Edema and the NNPP as plaintiffs, while Aiyedatiwa, his running mate Adelami, INEC, and the APC were named as defendants. However, the NNPP sought to withdraw from the case, and the court granted the request, striking out its name as a plaintiff.
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During Monday’s hearing, Edema’s counsel, Soladoye Ekundayo, informed the court that he had filed an appeal against the ruling that removed the NNPP from the suit and requested an adjournment to amend the pleadings.
However, the defense lawyers—Charles Edosanwon for Aiyedatiwa, Banjo Aiyenakin for Adelami, Ebun-Olu Adegboruwa for INEC, and Remi Olatubora for the APC—argued for the case’s dismissal due to a lack of diligent prosecution. Edosomwan, leading the defense team, emphasized that filing an appeal did not automatically halt proceedings and pointed out that the plaintiff had not submitted any formal application to the court. He urged the court to dismiss the case so the matter could proceed to the Court of Appeal.
In her ruling, Justice Toyin Bolaji Adegoke noted that a notice of appeal does not automatically suspend court proceedings. She also criticized the plaintiff’s failure to comply with the court’s directive, calling it self-serving. The judge highlighted that the plaintiff’s refusal to amend the pleadings had severely weakened the case.
As a result, she dismissed the lawsuit and imposed a fine of N100,000 on the plaintiff, ruling that no justification for an adjournment existed.
