The Supreme Court, on Tuesday, dismissed an appeal brought before it by the governorship candidate of the Peoples Democratic Party (PDP), Agboola Ajayi, seeking to annul the election of Lucky Aiyedatiwa of the All Progressive Congress (APC) as the winner of the November 16, 2024, Ondo state governorship election.
Ajayi was challenging the nomination of Aiyedatiwa on technical grounds of alleged disqualification of his Deputy, Olayide Adelami, on allegations bordering on certification forgery and impersonation.
The five-member panel of Justices of the apex court, in a unanimous judgment delivered by Justice Mohammed Lawal Garba held that Ajayi, who is not a member of the APC cannot challenge the outcome of the primary election as he lacked the requisite locus standi to institute and prosecute the case, not being a member of the APC that organized the primary election that produced Governor Aiyedatiwa and his Deputy.
The panel of Justices agreed with the defendants in the appeal that Ajayi’s case was statute barred as it was not filed within fourteen days of the cause of action being the date of submission of the names of the Governor and his Deputy to the Independent National Electoral Commission (INEC).
The Defendants specifically challenged the competence of the case of Ajayi who alleged forgery, impersonation and false identity against the Deputy Governor in his suit which he commenced by Originating Summons, without producing the names and particulars of the person allegedly impersonated or the owner of the certificate that was allegedly forged.
Ajayi filed the case at the Federal High Court, Abuja on 7th June 2024, challenging the nomination of the Governor Aiyedatiwa on the technical ground of alleged disqualification of his Deputy.
Upon the petition of the defendants, the case was transferred to the Akure judicial division of the Federal High Court by the Chief Judge.
The trial Court dismissed the case in the judgment delivered by Justice T.B. Adegoke on December 2, 2024.
The Court relied on the case of APC v Obaseki to hold that since the plaintiff (Agboola Ajayi) made criminal allegations of forgery, perjury and impersonation against the Deputy Governor, he should have commenced the suit by way of writ of summons, so that he would call witnesses to prove these weighty allegations by furnishing the original certificates that were said to have been forged.
It also held that Agboola Ajayi should have produced evidence from the primary institutions that issued the certificates disowning them and held further that under and by virtue of section 285 (9) of the Constitution and section 29 (5) of the Electoral Act, 2022, the cause of action crystallized on May 20, 2024 when Form EC9 containing the personal particulars of the Deputy-Governor were submitted to INEC, whereas the case was filed on June 7, 2024, outside the 14 days window allowed by the Constitution and the Electoral Act.
Dissatisfied with the judgment of the Federal High Court, Ajayi appealed against it to the Court of Appeal, Akure Division, through a Notice of Appeal filed on December 13, 2024.
In a unanimous judgment delivered by Justices Oyebisi Omoleye, Hadiza Shagari and Fadawu Umaru, the Court of Appeal dismissed the appeal and upheld the findings and decisions of the Federal High Court with an award of N500,000:00 costs against the appellant.
The appellant appealed further to the Supreme Court, listing Aiyedatiwa, the Deputy Governor, Olayide Adelami, the APC and INEC as respondents.
The apex court, in its judgement on Tuesday, affirmed the concurrent judgments of the lower court, dismissed the appeal brought before it by Ajayi and also ordered him to pay a fine of N2 million to each of the four respondents in the appeal.
It would be recalled that the governorship election took place in Ondo State on November 16, 2024, in which Lucky Aiyedatiwa of the APC defeated all other aspirants, including Agboola Ajayi of the PDP with a very wide margin.
