…  says PDP candidate’s suit is statute-barred

…sustains lower courts’ verdict

* APC hails verdict; says judgement sound

In another landmark judgment delivered by the Supreme Court, yesterday,the appeal  filed by former Ondo State Deputy Governor and PDP governorship candidate in the November 16, 2024, gubernatorial election, Hon. Agboola Alfred Ajayi, challenging the election of Governor Lucky Aiyedatiwa and his deputy, Dr. Olayide Adelami has been dismissed.

The Supreme Court judgement against the appellants  was based on the ground of locus standi, stating that they lacked the legal standing to pursue the case, rendering the appeal unsustainable.

The court affirmed that the case was statute-barred, upholding the decisions of the lower courts.

It emphasised that the cause of action arose on May 20, 2024, when the nomination forms were submitted to INEC, while the appellants filed their suit at the Federal High Court on June 7, 2024, well beyond the 14-day limit prescribed by law. Consequently, the appeal was dismissed, with the court ordering Agboola Ajayi to pay ₦2 million in cost to each of the four respondents.

Ajayi had sought to nullify the election of Deputy Governor, Dr. Olayide Owolabi Adelami over allegations of discrepancies in his name change, as well as challenging the candidacy of Governor Lucky Orimisan Aiyedatiwa and the All Progressives Congress (APC) in the case.

Ajayi’s argument centered on the claim that Adelami, who previously had “Jackson” as his middle name while in secondary school, had changed it to “Owolabi” without proper documentation.

The Court of Appeal sitting in Akure, on January 29, 2025 nullified the appeal filed by PDP and its flag bearer, Agboola Ajayi, in the  governorship election in the state, challenging the victory of Governor Lucky Aiyedatiwa and his deputy, Dr Olayide Adelami, both of the All Progressive Congress, (APC) in the state.

Ruling on the appeal on January 29, 2025, the Court of Appeal’s three-man panel, led by Justice Olufemi Akeju decisively struck out and dismissed the appeal filed by Ajayi and the PDP for lack of merit, thereby reaffirming Aiyedatiwa’s authority in office.

Justice Akeju held, in the lead judgment that Agboola and the PDP had failed to establish its locus standi.

The Court ruling marked a watershed in the state’s political history, reaffirming the electoral mandate granted to Aiyedatiwa and Adelami.

Also, the Federal High Court sitting in Akure, Ondo State, also on December 2, 2024  dismissed the suit challenging the qualifications of All Progressives Congress (APC) candidates for the November 16 governorship election in the state.

The presiding Judge, Justice Toyin Bolaji Adegoke, held that the candidate of the People’s Democratic Party (PDP), Hon Agboola Ajayi, who challenged the qualification of the APC’s candidates, Hon Lucky Aiyedatiwa and his running mate, Olaiyide Adelami lacked locus standi to file the suit.

The Judge also 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 that the court lacked jurisdiction to hear the suit, having filed it through originating summons instead of a Writ of Summons.

However, the Supreme Court found no legal basis to disqualify the deputy governor on these grounds, emphasizing that name changes, when properly documented, do not constitute electoral fraud or disqualification.

Reacting to the development, the Attorney-General and Commissioner for Justice of Ondo State, Dr. Olukayode Ajulo, SAN, described the judgment as “a victory for democracy, the rule of law, and the good people of Ondo State.”

He emphasised that electoral disputes should be grounded in concrete evidence, rather than technicalities that do not affect the credibility of an election.

Ajulo likened Governor Aiyedatiwa’s triumph to a testament of perseverance and divine vindication, stating that “just as truth always prevails over falsehood, justice has now been served.”

He commended the Governor for his unwavering focus on governance despite distractions and reaffirmed the administration’s commitment to the continued development of Ondo State.

“This is also a vindication and affirmation of the earlier rulings of the Federal High Court, Akure, and the Court of Appeal, Akure, presided over by Hon. Justice Oyebisi Omoleye, Hon. Justice Hadiza Shagari and Justice Fadawu Umaru, these noble Justices demonstrated professionalism and integrity in their judgments and it is now affirmed by the Supreme Court.

 “I salute the esteemed Justices and commend the brilliant legal minds who stood firmly in defense of truth and justice.

“In particular, I acknowledge Chief Wole Olanipekun, SAN, Adegboyega Awomolo, SAN, Charles Edosomwan, SAN, Tayo Oyetibo, SAN, Ebun-Olu Adegboruwa, SAN, and Remi Olatubora, SAN, for their exceptional advocacy, as well as the legal representatives of the appellants.

“As I have stated previously, the courtroom is a battleground for legal reasoning, and every advocate who argues a case contributes to strengthening our democracy. Justice is best served when all sides are heard, and I deeply respect their dedication to upholding the sanctity of the legal process,” Dr. Ajulo concluded.

With this ruling, the Supreme Court has effectively put an end to the legal battle, reaffirming Governor Aiyedatiwa’s victory in the November 16, 2024, gubernatorial election. The decision solidifies the legitimacy of the APC-led government in Ondo State.

Meanwhile, the All Progressives Congress (APC) , welcomed the Supreme Court’s verdict affirming Governor Lucky Aiyedatiwa’s election victory in Ondo State, dismissing the legal suit filed by the People’s Democratic Party (PDP) candidate, Hon. Agboola Alfred Ajayi.

In a statement on Tuesday, APC Chairman in the state, Engr. Ade Adetimehin, described the ruling as a “commendable affirmation of the will of the people.”

He criticised Ajayi’s lawsuit as baseless, frivolous, and lacking merit, emphasising that the judiciary had once again upheld democracy by rejecting attempts to overturn a clear electoral mandate.

Governor Aiyedatiwa had secured a sweeping victory in the November 16, 2024, election, winning in all 18 local government areas.

Despite the decisive loss, Ajayi challenged Aiyedatiwa’s candidacy over alleged discrepancies relating to his name change.

However, the Supreme Court dismissed the claims, putting an end to the legal battle.

Adetimehin urged the opposition to accept the people’s decision and allow Governor Aiyedatiwa and his Deputy, Dr. Olayide  Adelami, to focus on governance.

He assured Ondo residents that the APC-led administration remains committed to delivering on its promises and advancing the state’s development.

“Now that this distraction is over, it’s time to get to work.  Together, we will build a brighter future for Ondo State,” Adetimehin declared.

He also congratulated Governor Aiyedatiwa and Deputy Governor Adelami, expressing confidence in their leadership and dedication to the people of Ondo State.

Reacting, the state Publicity Secretary of the PDP, Mr. Kennedy Peretei, pointed out that the Supreme Court is the Apex Court in the land,  hence, there can be no further appeal against its verdict.