The Federal High Court in Akure, Ondo State, has ruled to remove the New Nigeria People’s Party (NNPP) from a lawsuit contesting the eligibility of Governor Lucky Aiyedatiwa and his deputy, Dr. Olaiyide Adelami, as candidates of the All Progressives Congress (APC).
As reported by New Telegraph, Presiding over the case, Justice Toyin Bolaji Adegoke granted the request of NNPP and its legal representative to withdraw from the suit, originally filed by the party’s candidate, Hon. Olugbenga Edema.
The suit sought to challenge the nomination of Aiyedatiwa and Adelami by the APC.
Edema had urged the court to order the Independent National Electoral Commission (INEC) to revoke the nomination and publication of Aiyedatiwa and Adelami’s names as APC candidates.
He also requested an interpretation of Section 15 of the Third Schedule of the 1999 Constitution (as amended) regarding their nomination.
The lawsuit listed Edema and NNPP as plaintiffs, while INEC, APC, Aiyedatiwa, and Adelami were named as defendants.
However, NNPP, through its lawyer, Mr. Adelanke Akinrata, applied for its removal from the case, stating that the party was neither consulted nor authorized the suit.
Akinrata explained that NNPP had accepted the election results and already congratulated Aiyedatiwa.
During an earlier hearing, Edema’s lawyer, Abayomi Ojo, argued that Akinrata was ineligible to represent NNPP, alleging that he had previously appeared for one of the defendants, thereby breaching legal ethics.
He cited violations of professional conduct rules, including rules 3 and 29 of Federal High Court procedures and rules 14, 15, 17, 29, and 30 of the legal profession’s code of conduct.
Akinrata maintained that he had the backing of NNPP at both state and national levels to withdraw from the suit and had filed an application for withdrawal on January 9.
Legal representatives for INEC, APC, Aiyedatiwa, and Adelami—including Charles Edosomwan, Ebun-Olu Adegboruwa, and Dr. Remi Olatubora—supported NNPP’s request to withdraw.
Olatubora noted that NNPP’s exit from the case could render the suit ineffective, as Nigerian law does not recognize independent candidacy.
Justice Adegoke ruled that Akinrata had not breached any legal provisions, affirming that there was no conflict of interest since both the second plaintiff and the defendants shared an interest in dismissing the case.
She declared that NNPP’s withdrawal was valid and granted the request to remove the party’s name from the suit.
The judge directed Edema to amend the suit within seven days, with the defendants given five days to respond after receiving the adjustments. The court adjourned the case for a hearing on March 10.
