A Federal High Court in Akure has dismissed a case filed against the qualification of the winner of the Ondo State governorship election, which was held on November 16th, and his deputy, the candidates of the All-Progressives Congress (APC), Governor Lucky Aiyedatiwa and Adelami Olayide.

The case filed by the Peoples Democratic Party (PDP) candidate in the last gubernatorial poll, Agboola Ajayi, through his lawyer, M. Ndoka, accused the APC deputy governorship candidate, Mr Adelami, of having multiple names, resulting in inconsistencies in his name submission to the electoral commission, the Independent National Electoral Commission (INEC), before the election.

Mr Ajayi, who came third in the Ondo poll, also further stated in his originating summons that the deputy governorship candidate has names like Adelami Owolabi Jackson and Olaide Owolabi Adelami, stating that as a result of the inconsistency in his name, he was not constitutionally qualified to contest, making his party’s victory void.

As a result, he asked the court, “That the first defendant (Adelami) be constitutionally disqualified from contesting the election as the APC’s Deputy Governorship candidate.

“A declaration that the APC has no validly nominated governorship and deputy governorship candidate for the 2024 election”. He also sought an order to disqualify the defendants from participating in the election and to prevent INEC from publishing their names or allowing their participation.

Responding to the plaintiff’s argument, Remi Olatubora (SAN), the lawyer to the deputy governorship candidate argued that the discrepancy in the defendant’s name was written as Adelami Owolabi Jackson on the West African Examination Council (WAEC) in 1974, while his degree certificate from Ambrose Alli University in 1982 has the name Adelami Olaide Owolabi.

He stated that the plaintiff’s grouse is just about the arrangement of the defendant’s names not about the discrepancy in the names. Additionally, he argued that this court lacks jurisdiction, the suit does not qualify as a pre-election matter, and the plaintiffs lack the locus standi to file the suit or seek the reliefs listed in the originating summons.

In her ruling, Justice Toyin Adegoke dismissed all charges against the APC candidates, stating that the issue of certificate forgery and perjury was criminal, necessitating the summons of evidence from the authorities who issued the certificates in question.
The judge also stated that the electoral law mandated that the plaintiff file his case within 14 days, which he did not abide by. The judge also added that Section 29 of the Electoral Act made provision for who can challenge the candidate of political parties, and that does not include anyone who is not a member of APC.

She explained that since Ajayi is an not aspirant in the APC primary that produced Aiyedatiwa and Adelami as candidates, he does not have the grounds to institute any case against their candidacy.

As a result, she dismissed the case against the APC candidates on the ground that the court does not have authority over the matter.