The Supreme Court has upheld the nomination of Osun Governor-elect, Senator Ademola Adeleke as the candidate of the Peoples Democratic Party (PDP) for the last governorship primary.
In a judgement on Thursday, a five-member Justices headed by Justice Amina Augie dismissed the appeal by Oyedotun Babayemi on the grounds that it was filed out of time.
Babayemi had, by his appeal, prayed the court to set aside the earlier decision of the Court of Appeal and declare him as the actual candidate of the PDP for the July 16, 2023 governorship election held in Osun State.
In the apex court’s lead judgment on Thursday, Justice Augie held that by the provision of Section 285(11) of the Constitution, an appeal on a pre-election matter must be filed within 14 days from the day of the decision.
Justice Augie added that the appellant, having filed his notice of appeal out of time, the court lacked jurisdiction to entertain the appeal.
She proceeded to dismiss the appeal for lack of jurisdiction.
Before the July 16 Osun 2022 governorship election, different primaries produced Babayemi and Adeleke, but the PDP’s National Working Committee (NWC) and the Independent National Electoral Commission (INEC) recognised Adeleke as the authentic candidate of the party.
Babayemi proceeded to the Federal High Court in Osogbo to challenge Adeleke’s recognition.
In a judgment on May 18, Justice Nathaniel Ayo-Emmanuel of a Federal High Court, Osogbo held in favour of Adeleke, a decision Babayemi appealed at the Court of Appeal in Akure.
The Court of Appeal, in its judgment of July 20 affirmed the decision of the Federal High Court and dismissed Babayemi’s appeal, prompting him to approach the Supreme Court.