By Allen Sowore
The Peoples Democratic Party (PDP) continues to face electoral misfortunes, both in court and at the Ondo State Election Tribunal.
On Thursday, February 13, 2025, at the Court of Appeal, the case filed by the PDP candidate, Alfred Agboola Ajayi, challenging the qualification of Deputy Governor Dr. Olayide Adelami, came up for hearing on an application for a stay of execution. However, the respondents presented an Affidavit of Facts, showing that the appeal had already been entered at the Supreme Court.
In response, the appellants hastily applied to withdraw their application for a stay of execution. Following a motion by the respondents, the court awarded a cost of ₦1 million to the 1st, 2nd, and 3rd respondents.
Earlier, on January 28, 2025, the Court of Appeal in Akure—presided over by Hon. Justice O. F. Omoleye, Hon. Justice H. R. Shagari, and Hon. Justice Fadare Umar—delivered its judgment, dismissing the appeal filed by the PDP candidate. The court also imposed a fine of ₦500,000 in favour of the respondents, jointly and severally, while upholding the December 2, 2024, judgment of the trial court.
Despite these setbacks, many residents of Ondo State remain unaware that the opposition, led by the PDP, continues to challenge the overwhelming mandate given to Governor Lucky Orimisan Aiyedatiwa in the November 16, 2024, governorship election. This challenge is ongoing at the Ondo State Governorship Election Petition Tribunal in Akure, presided over by Hon. Justice B. A. N. Ogbu (Chairman), Hon. Justice Imelda B. Etape (Member), and Hon. Justice Sikkam (Member).
At the last pre-hearing session on February 10, 2025, the Tribunal directed all counsel to identify their interlocutory applications and adjourned their adoption and hearing to Saturday, February 15, 2025.
On February 15, 2025, the Tribunal courtroom was filled to capacity with legal heavyweights. Leading the respondents’ legal team were Chief Wole Olanipekun, SAN, Bode Olanipekun, SAN, Charles Edosomwan, SAN, Ebun Olu-Adegboruwa, SAN, Dr. Remi Olatubora, SAN, Idris Abubakar SAN, Yinka Orokoto, Esq., Adelanke Akinrata, Esq., A. K. Adewusi Esq. and Ayo Shadrack, Esq., among others. The petitioners representation was led by Bolaji Joel Akomolafe, SAN, Oyewole Awofade, and Adewole Adebayo.
During the proceedings, all parties—petitioners and respondents—took turns adopting their filed processes. However, the atmosphere became tense and dramatic when Chief Wole Olanipekun, SAN, moved a preliminary objection, urging the Tribunal to strike out or dismiss the PDP's petition for lack of competence.
Chief Olanipekun argued that the alternative relief sought in the third prayer of the PDP’s petition effectively usurped the Tribunal’s authority, as its wording resembled a judgment rather than a prayer for relief. He further pointed out that the relief referenced the wrong section of the Constitution.
The contested relief read:
"By the remaining valid votes, the Governorship election of November 16, 2024, in Ondo State is hereby nullified for a fresh election between parties to this suit, the parties having failed to meet the compulsory requirement of Section 179(1)(b) of the Constitution of the Federal Republic of Nigeria (as amended) in respect of having not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the state."
With no viable counterargument, Bolaji Joel Akomolafe, SAN, who led the PDP’s legal team, had no choice but to withdraw that portion of the relief. The Tribunal then struck it out.
Following this development, Chief Olanipekun further argued that since the struck-out relief was central to the petition, all grounds related to it must also be dismissed. This marked a significant blow to the PDP’s case.
Additionally, Chief Olanipekun questioned whether the Tribunal could retain jurisdiction over the matter, given that the PDP had already filed an appeal on the same issue, involving the same parties, at the Supreme Court.
With yet another setback in court, the PDP’s legal battle appears to be on shaky ground. The withdrawal of a crucial leg of its petition has significantly weakened its case at the Tribunal, raising questions about the viability of its challenge against Governor Lucky Orimisan Aiyedatiwa’s mandate.
As a lawyer, I sometimes ponder—when an attorney is thoroughly defeated in the courtroom by an opponent, does he honestly recount the unpleasant experience to his clients when he gets home?
That's why it's often said in Yoruba that when witches get drenched during their late-night meetings, they never reveal their experience during the day. "Òjò tó pa ajẹ lórun, tó bá délé, kò ní lè sọ."
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