Court Dismisses Suit Seeking Disqualification of Ondo APC Guber Candidate

The Akure Division of the Federal High Court, Ondo State, on Monday dismissed a lawsuit seeking to disqualify the All Progressives Congress (APC) governorship candidate and his deputy in the recently concluded gubernatorial election.

The suit was filed by Agboola Ajayi, the Peoples Democratic Party (PDP) candidate and second runner-up in the election, who challenged the eligibility of Olayide Adelami, the deputy governor-elect.

Ajayi, through his counsel, M. Ndoka (SAN), argued that Adelami submitted inconsistent names to the Independent National Electoral Commission (INEC) before the election.

The plaintiff alleged that Adelami was known by multiple conflicting names, including Adelami Owolabi Jackson and Adelami Olaide Owolabi.

Ajayi sought a court declaration that Adelami was constitutionally disqualified from contesting the election as the APC’s deputy governorship candidate.

He also sought an order disqualifying the APC’s governorship ticket, alleging the party had no validly nominated candidates.

In response, counsel for the defendants, Remi Olatubora (SAN), countered that the discrepancies in Adelami’s names stemmed from variations in documentation, such as a 1974 West African Examination Council (WAEC) certificate listing Adelami Owolabi Jackson and a 1982 degree certificate from Ambrose Alli University showing Adelami Olaide Owolabi.

Olatubora argued that the plaintiffs lacked locus standi to file the suit under Section 29(5) of the Electoral Act 2022, as they were not members of the APC and did not participate in its primary elections.

He also contended that the suit failed to qualify as a pre-election matter and was filed outside the 14-day statutory period required under the Electoral Act.

In her ruling, Justice Toyin Adegoke dismissed the case, stating that the plaintiffs lacked the legal standing to challenge the APC’s nominations.

Justice Adegoke ruled that the case was statute-barred and improperly filed through an originating summons instead of a writ of summons.

She also emphasized that issues concerning certificate forgery and perjury are criminal matters requiring evidence from the issuing authorities.

The court’s judgment, delivered in suit No. FHC/AK/CS/99/2024, upheld the eligibility of the APC candidates, dismissing all claims brought by the PDP.