The Supreme Court has upheld the nomination of Senator Ademola Adeleke, the recently elected governor of Osun State, by the Peoples Democratic Party (PDP), as its candidate in the most recent governorship election.
Oyedotun Babayemi's appeal was rejected yesterday by a five-judge panel of the supreme court, led by Justice Amina Augie, on the grounds that it was submitted after the cutoff time.
Babayemi requested in his appeal that the court reverse the Court of Appeal's earlier decision and accept him as the PDP's legitimate candidate in the Osun State governor election scheduled for July 16, 2023.
According to Justice Augie's decision in the lead judgment of the Supreme Court, an appeal on a pre-election matter must be filed within 14 days of the decision date in accordance with Section 285(11) of the Constitution.
She came to the conclusion that the court lacked jurisdiction to hear the appeal because the appellant filed his notice of appeal after the deadline had passed.
Justice Augie consequently dismissed the appeal for lack of jurisdiction.
Prior to the July 16, 2022, governorship election in Osun State, different primaries had produced Babayemi and Adeleke; however, both the PDP's National Working Committee (NWC) and the Independent National Electoral Commission (INEC) recognized Adeleke as the party's official candidate.
Adeleke's recognition was challenged by Babayemi at the Federal High Court in Osogbo.