The Federal High Court in Akure has adjourned a case filed by Hon Olugbenga Edema, the governorship candidate of the New Nigeria People’s Party (NNPP), against Ondo State Governor Lucky Orimisan Aiyedatiwa. The adjournment comes amidst uncertainty over the plaintiffs’ legal standing, as the NNPP has stated it did not authorize the suit.
At the proceedings, Abayomi Ojo announced his appearance for the plaintiffs, Chief Charles Uwensuyi Edosomwan, SAN appeared for INEC, A. Odidiomo Esq held the brief of Tayo Oyetibo, SAN for APC, Ebun-Olu Adegboruwa, SAN appeared for the Governor, while Remi Olatubora, SAN appeared for the Deputy Governor. Ojo informed the Court of the plaintiffs’ application for an amendment which he would like to argue. In response, Ebun-Olu Adegboruwa, SAN urged the court to discountenance the application for an amendment because he had filed a Notice of Preliminary Objection to challenge the competence of the suit and the locus standi of the plaintiffs.
He informed the court that the subject-matter of the suit borders on the primary election of APC that was conducted in April 2024 whereas the suit was filed in November 2024 outside the time permitted by the Constitution; he also argued that the plaintiffs are not members of APC and they did not participate in the said primary election thus lacking the locus standi to file the suit. He contended that the plaintiffs cannot seek to amend an incompetent suit. In his own response, Chief Uwensuyi Edosomwan, SAN argued that even on its face value, the application for amendment is grossly incompetent as the plaintiffs have surreptitiously arranged the names of the parties without the leave of court, rendering the process incurably defective. Sensing the direction of the arguments, Ojo applied to withdraw the application for amendment and it was accordingly struck out.
Ebun-Olu Adegboruwa, SAN thereafter informed the court of a letter dated December 10, 2024 from the National Legal Adviser of NNPP, Robert Hon, Esq wherein it was stated that the party did not authorize the suit and it is seeking to withdraw its name from the suit. Adegboruwa, SAN stated that this is fundamental as the candidate alone cannot file the suit without the consent of the political platform upon which he claims to stand. He then informed the court that the Ondo State Chairman of NNPP, Pastor Olagookun Ayodele was present in court to affirm the contents of the letter.
In his argument, Chief Uwensuyi Edosomwan, SAN informed the court that the case filed by the plaintiffs cannot proceed in the absence of the political party, urging the court to strike out the case for being incompetent. In his contribution, Remi Olatubora, SAN stated that the letter and the presence of the state chairman of the party constitute a scandalous manifestation by the plaintiffs and this should be visited with appropriate sanction by the court to end the case immediately. Abayomi Ojo stated that he was seeing the letter for the first time and he was also taken aback by the development but since the court is a court of record, the appropriate step should be taken to bring the process properly before the court so that the plaintiffs would be in a position to respond to it.
In its ruling, the court observed that the case was coming up for the first time in the court and since it has a six months lifespan, an adjournment would not hurt the plaintiffs so that all papers can be filed and exchanged before the next adjourned date. Consequently, the case was adjourned to February 3, 2025 for hearing.