The Federal High Court in Akure, Ondo State, Nigeria, has dismissed a suit filed by the Peoples Democratic Party (PDP) candidate, Agboola Ajayi, challenging the qualifications of Governor Lucky Aiyedatiwa and his deputy, Olayide Adelami, both of the All Progressives Congress (APC).
In a ruling delivered on Monday, December 2, 2024, Justice Toyin Bolaji Adegoke held that the plaintiff lacked the legal standing to institute the case. She also ruled that the case was statute-barred, as it was filed outside the 14-day window stipulated by the Electoral Act.
“The court lacks jurisdiction to entertain this matter because it was filed beyond the time limit prescribed by the law and improperly commenced via an originating summons instead of a writ of summons,” Justice Adegoke stated.
The PDP and Ajayi had claimed that Adelami’s qualifications were in question due to discrepancies in his name, citing variations such as “Adelami Owolabi Jackson” and “Adelami Olaide Owolabi.” They sought a declaration that the APC had no validly nominated candidates for the November 16 governorship election.
Ajayi’s counsel, M. Ndoka (SAN), argued that the discrepancies rendered Adelami’s candidacy invalid. However, counsel for the defendants, including Remi Olatubora (SAN), representing Adelami, countered that the name variations were consistent across official documents.
“Adelami’s West African Examination Council (WAEC) certificate from 1974 bears the name Adelami Owolabi Jackson, while his university degree certificate from 1982 bears Adelami Olaide Owolabi. This is not a case of forgery but rather differences in arrangement,” Olatubora explained.
Justice Adegoke emphasized that the issue of name discrepancies required criminal evidence from issuing authorities, which the plaintiffs failed to provide. Furthermore, she noted that only aspirants from the APC primaries could challenge the party’s candidates under Section 29 of the Electoral Act.
“The plaintiffs, being members of the PDP, have no locus standi to file this suit or seek the reliefs outlined in their originating summons,” she said.
The court dismissed the case, resolving all issues in favor of the defendants.
Governor Aiyedatiwa welcomed the judgment, describing it as a victory for democracy. “This ruling reaffirms our commitment to serving the people of Ondo State. The distractions are over, and we can now focus on delivering on our mandate,” he said.
Ajayi and the PDP are reportedly considering further legal action, maintaining their stance that the APC candidates were not qualified to contest the election.
