Court Dismisses Eligibility Suit By Ajayi, Ondo PDP Candidate Against Gov Aiyedatiwa, Adelami

By Ayodele Oni

The eligibility suit filed by the Governorship candidate of the People’s Democratic Party (PDP) in November Governorship election in Ondo state, Agboola Ajayi, against the candidate of the All Progressives Congress (APC) Governor Lucky Aiyedatiwa and his running mate, Olayide Adelami has suffered a setback.

The Federal High Court sitting in Akure, the Ondo State capital on Monday dismissed the suit on the premise that the defendant, Ajayi lacked locus standi to file it.

The presiding Judge, Justice Toyin Bolaji Adegoke, held that the candidate of the PDP, that challenged the qualification of the APC’s candidates, Aiyedatiwa and his running mate, Adelami is not a member of APC.

Also, Justice Adegoke held that the case filed by Ajayi and the PDP is barred by statute having filed it outside the 14 days required by the Electoral Act.

Besides, Justice Adegoke held the court lacked jurisdiction to hear the suit, having filed it through originating summons instead of a Writ of Summons.

Ajayi had, through his lawyer, Ndoka SAN, challenged the eligibility of Adelami to contest as the Deputy Governorship candidate on the platform of APC and consequently sought the disqualification of APC from the ballot.

In his originating summons, Ajayi claimed that the first defendant, Adelami is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.

With the conflicting names, Ajayi asked the court to disqualify him and the governorship candidate insisting that the APC has no qualified candidates for the polls.

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 order and restraining INEC from publishing their names or allowing them to participate in the election.

However, counsel to Adelami, Dr Remi Olatubora (SAN) argued that the West African Examination Council (WAEC) result has the name Adelami Owolabi Jackson in 1974 and that a degree certificate from Ambrose Alli University issued in 1982 has the name Adelami Olaide Owolabi.

He pointed out that the grievance of the plaintiffs is not about discrepancies in the name but the order or arrangements of the names.

Olatubora said the plaintiffs have no right to file the suit following section 29(5) of the Electoral Act 2022, because they are not members of All Progressives Congress and did not participate in the primaries that produced Adelami and Aiyedatiwa as candidates.

“The plaintiffs lack the locus standi to file the suit or seek the reliefs set out in the originating summons. That the suit as a matter of law does not qualify as a pre-election matter, and this court lacks jurisdiction.”