December 02, (THEWILL) – The Federal High Court sitting in Akure has dismissed a suit seeking to disqualify the All Progressives Congress (APC) from the November 16 governorship election in Ondo State.
Agboola Ajayi, candidate of the Peoples Democratic Party (PDP), had in a suit marked FHC/AK/CS/99/2024, filed through his lawyer, Ndoka SAN, challenged the eligibility of Olaiyide Adelami, the running mate of Governor Lucky Aiyedatiwa, candidate of the APC in the governorship election.
In his originating summons, Ajayi claimed that Adelami “is known by multiple conflicting and irreconcilable names” as “Adelami Owolabi Jackson and Olaide Owolabi Adelami”.
Seeking prayers of the court to disqualify him and Aiyedatiwa, Ajayi sought a “Declaration that the APC has no validly nominated Governorship and Deputy Governorship candidate for the 2024 election.”
He asked for an order disqualifying the defendants from participating in the election, and an order restraining INEC from publishing their names or allowing them to participate in the election.
Ruling on Monday, Justice Toyin Bolaji Adegoke, held that Agboola Ajayi, candidate of the Peoples Democratic Party (PDP), lacked the locus standi to file the suit challenging the qualification of Aiyedatiwa and his running mate, Olaiyide Adelami.
The court notes that section 29 of the Electoral Act made provision for those who can challenge the candidate of political parties. According to the court, the PDP and Ajayi are not aspirants in the APC primary that produced Aiyedatiwa and Adelami as candidates. Consequently, the court held that the plaintiffs lacked the legal right to challenge their qualifications.
However, while the court observed that issues of certificate forgery and perjury are criminal in nature, Justice Adegoke emphasised that such a claim must be backed by evidence from the authorities that issued the certificates in question.
The court also declared the case “statute barred” as it was filed outside the 14 days required by the Electoral Act. Justice Adegoke also held that the court lacked the jurisdiction to hear the suit having been filed through originating summons instead of a Writ of Summons.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
