The Supreme Court has affirmed that Osun State Governor-elect, Senator Ademola Adeleke is the authentic candidate of the Peoples Democratic Party (PDP) in the 16th July election.
The five-member panel of the court dismissed the appeal filed by former governorship aspirant, Prince Dotun Babayemi challenging Adeleke’s emergence as the PDP governorship candidate.
Babayemi had also lost at the lower courts.
The Supreme Court panel, led by Justices Amina Augie, held that the appeal was filed out of time, as a pre-election matter is time-bound.
Delaring 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 was nothing before the court to invoke its jurisdiction.
Babayemi had prayed the apex court to set aside the decisions of the lower courts and declare him as the PDP candidate for the governorship election in the state.
Babayemi’s lead counsel, Mr Adebayo Adelodun tried hard to convince the panel to take a look at the merits of the appeal, But the panel held that it lacks jurisdiction to entertain the matter.
The Senior Advocate of Nigeria had to withdraw the application, which the court consequently dismissed.
Parallel primaries produced Babayemi and Adeleke, but the PDP National Working Committee and the Independent National Electoral Commission recognised Adeleke as the authentic candidate of the party.
Babayemi challenged this at the Federal High Court and the Court of Appeal Court, but lost as both courts ruled that the right delegates voted for Adeleke.
Adeleke faces another hurdle as the incumbent Governor, Alhaji Gboyega Oyetola is challenging his victory at the poll before the election tribunal.
Oyetola’s first term as governor ends on 27th November.
