The appeal was against an earlier judgment of the Court of Appeal, which upheld the decision of a Federal High Court, dismissing Oni’s suit challenging Fayemi’s eligibility to contest the last governorship election on June 14, 2018.
Justice Amiru Sanusi, in the lead judgment, held that the case, being a pre-election one, was not commenced at the trial court, within the time provided under Section 285 of the Constitution. He noted that from the record before the court, Oni filed his suit at the trial court – the Federal High Court, Ado-Ekiti – 42 days after the cause of action arose.Justice Sanusi said the development robbed the court of the jurisdiction to hear the appeal, while he said the case had become incompetent and an academic exercise.
Justice Okoro wondered why Oni, who had conceded defeat, on emerging second in the governorship primary of the All Progressives Congress , made a sudden u-turn and chose to challenge the outcome of the primary in court.
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