The Federal High Court sitting in Akure, Ondo State capital, has trashed the suit challenging the qualifications of Lucky Aiyedatiwa and his deputy, Olayide Adelami, both candidates of the All Progressives Congress (APC) in the November 16 governorship election in the state.
The suit was filed by the candidate of the Peoples Democratic Party(PDP) in the election, Agboola Ajayi, through his legal counsel, M Ndoka (SAN).
Delivering his judgement, the Presiding judge, Justice Toyin Bolaji Adegoke declared that the plaintiff lacked locus standi to file the suit
She added that the case filed by Ajayi and his party, the PDP, was statute-barred, being filed outside the 14 days required by the Electoral Act.
Justice Adegoke therefore ruled that the court lacked jurisdiction to hear the suit, having filed through originating summons instead of a Writ of Summons.
In his originating summons, the plaintiff said the first defendant, the APC deputy governorship candidate, Adelami, is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami; arguing that with the conflicting names, the court should disqualify him and the governorship candidate.
He therefore sought a “Declaration that the APC has no validly nominated governorship and deputy governorship candidate for the 2024 election”.
Ajayi asked for an order disqualifying the defendants from participating in the election and order and restraining the Independent National Electoral Commission (INEC) from publishing their names or allowing them to participate in the election.
However, Remi Olatubora (SAN), Counsel to Adelami, 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.
Olatubora said the grievance of the plaintiffs is not about discrepancies in the name but the order or arrangements of the names.
Other defence counsels, Tayo Oyetibo (SAN) who represented Governor Aiyedatiwa, the second defendant, Ebun Adegboruwa (SAN) who represented the APC, and Charles Edosan (SAN) who represented INEC, agree with the position of Dr. Olatubora.
According to Olatubora, 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 the governorship primary that produced Adelami and Aiyedatiwa as candidates.
He submitted that “The plaintiffs lack the locus standi to file the suit or seek the reliefs set out in the originating summons; adding that the suit as a matter of law does not qualify as a pre-election matter, and this court lacks jurisdiction.”
The presiding judge ruled that the issue involving certificate forgery and perjury was criminal, which required the calling of evidence from the authorities that issued the certificates in question.
According to her, Section 29 of the Electoral Act made provision for who can challenge the candidate of political parties.
She noted that the fact that PDP and Ajayi are not aspirants in the APC primary that produced Aiyedatiwa and Adelami as candidates rubbed them off any legal right to challenge their qualifications.
Justice Adegoke, therefore declared that the court lacked jurisdiction to entertain the case, dismissed it and resolved all issues in favour of the defendants.