The Osun state governor elect, Senator Ademola Adeleke on Thursday floored his fellow contender for the Peoples Democratic Party (PDP) ticket, Dotun Babayemi, who challenged his emergence as the candidate of the main opposition party in the state.
Babayemi had prayed the apex court to set aside the decisions of the lower courts and declare him as the PDP candidate for the July 16, 2023 governorship election in Osun State.
The five-member Justices of the apex court, presided over by Justices Amina Augie held that the appeal, as filed by the appellant was filed out of time as pre-election matter.
While noting 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
Efforts by counsel to the appeallant, Adebayo 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
The Appeal, having been withdrawn by the counsel to the appeallant, the court consequently dismissed it.
Prior to Osun 2022 governorship election, different primaries produced Babayemi and Adeleke but the National Working Committee (NWC) of the PDP and the Independent National Electoral Commission (INEC) recognised Adeleke as the authentic candidate of the party.
Babayemi challenged the recognition of Adeleke as the candidate of the party before the Federal High Court and the Court of Appeal Court but lost and he approached the Supreme Court after Adeleke emerged the authentic candidate of the party because right delegates voted for him.
In his judgment on the matter on May 18, Justice Nathaniel Ayo-Emmanuel of a Federal High Court, sitting in Osogbo, 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.
Babayemi then, appealed to the Supreme Court, asking it to set aside the judgements of the lower courts and declare him the governorship candidate of the PDP for the Osun state governorship election.
His appeal was however dismissed for been filed out of time and lack of jurisdiction by the Justices of the Supreme Court, in an unanimous decision of the five-member panel of the court that was delivered by Justice Amina Augie.