The Federal High Court in Akure, Ondo State, dismissed a suit challenging the qualifications of All Progressives Congress (APC) candidates Lucky Aiyedatiwa and his deputy, Olayide Adelami, for the November 16 governorship election.
The case, filed by Peoples Democratic Party (PDP) candidate Agboola Ajayi through his counsel, M. Ndoka (SAN), sought the disqualification of the APC candidates on grounds of alleged discrepancies in Adelami’s name on official documents.
Delivering judgment, Justice Toyin Bolaji Adegoke ruled that Ajayi lacked the locus standi to bring the suit, noting that it was statute-barred under the Electoral Act as it was filed beyond the 14-day limit.
Furthermore, the court held that the case should have been initiated by a writ of summons rather than an originating summons, rendering the court without jurisdiction to hear it.
Ajayi’s suit alleged that Adelami’s use of multiple names, Adelami Owolabi Jackson and Olaide Owolabi Adelami, created irreconcilable discrepancies, warranting disqualification.
He sought a declaration that the APC had no validly nominated candidates for the election and requested an order restraining the Independent National Electoral Commission (INEC) from publishing their names or allowing their participation.
However, Adelami’s counsel, Remi Olatubora (SAN), countered that the discrepancies were in the arrangement of names, not their substance.
He provided evidence, including a West African Examination Council (WAEC) certificate from 1974 and a degree certificate from Ambrose Alli University issued in 1982, bearing the respective names.
Other defense counsels, Tayo Oyetibo (SAN) for Governor Aiyedatiwa, Ebun Adegboruwa (SAN) for the APC, and Charles Edosan (SAN) for INEC aligned with Olatubora’s argument.
They asserted that, under Section 29(5) of the Electoral Act 2022, the plaintiffs lacked the right to file the suit as they were neither members of the APC nor participants in its primary election.
Justice Adegoke upheld these arguments, stating that PDP and Ajayi, not being aspirants in the APC primary, had no legal standing to challenge the qualifications of the APC candidates.
She also emphasized that allegations of certificate forgery and perjury were criminal matters requiring evidence from issuing authorities.
“The plaintiffs lack the locus standi to file this suit or seek the reliefs set out in the originating summons.
This case does not qualify as a pre-election matter, and this court lacks jurisdiction,” she ruled.
Justice Adegoke resolved all issues in favor of the defendants and dismissed the case.
