The Akure Division of the Federal High Court in Ondo State on Monday dismissed a lawsuit seeking the disqualification of the All Progressives Congress, APC, governorship candidate in the just concluded gubernatorial poll in the state.
Agboola Ajayi, the candidate from the Peoples Democratic Party (PDP), had approached the court to contest the qualification of Olayide Adelami, the deputy governor-elect.
Ajayi, who finished as the second runner-up in the election, argued that there were inconsistencies in the names submitted by Mr. Adelami to the Independent National Electoral Commission (INEC) before the election.
Through his lawyer, M. Ndoka (SAN), the PDP candidate challenged Adelami’s eligibility to run as the deputy governorship candidate under the APC and sought the party’s disqualification from the ballot.
In the originating summons, Ajayi stated that the first defendant (Adelami) is known by several conflicting and irreconcilable names, including Adelami Owolabi Jackson and Olaide Owolabi Adelami.
In his prayers, the PDP candidate prayed the court, “That the first defendant, (Adelami) is constitutionally disqualified from contesting the election as Deputy Governorship candidate of APC.”
Also, he fought “A declaration that the APC has no validly nominated governorship and deputy governorship candidate for the 2024 election.”
He also requested an order to disqualify the defendants from participating in the election and to prevent INEC from publishing their names or allowing their participation.
In response, defense counsel Remi Olatubora (SAN) stated that Adelami’s West African Examination Council (WAEC) certificate from 1974 listed him as Adelami Owolabi Jackson, while a degree certificate from Ambrose Alli University issued in 1982 shows the name Adelami Olaide Owolabi.
Olatubora argued that the plaintiffs’ issue is not with discrepancies in names but rather with the order in which the names appear.
He contended that the plaintiffs do not have the right to file the suit under Section 29(5) of the Electoral Act 2022, as they are not members of the APC and did not participate in the primary elections that produced Adelami and Governor Lucky Aiyedatiwa as candidates.
“The plaintiffs lack the locus standi to file the suit or seek the reliefs outlined in the originating summons. As a matter of law, the suit does not qualify as a pre-election matter, and this court lacks jurisdiction,” he stated.
In her ruling, Justice Toyin Adegoke dismissed all charges against the APC candidates.
In suit No. FHC/AK/CS/99/2024, she determined that the PDP candidate who challenged the APC’s qualifications lacked the standing to bring the case.
She ruled that Ajayi and the PDP’s case was barred by statute, having been filed outside the 14-day limit set by the Electoral Act.
Justice Adegoke also noted that the court lacked jurisdiction to hear the suit since it was filed through originating summons instead of a Writ of Summons.
She pointed out that issues related to certificate forgery and perjury are criminal matters that necessitate evidence from the authorities that issued the certificates in question.
