By Ayodele Popoola
The Federal High Court sitting in Akure, Ondo State, today 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 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 filed 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 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. He consequently sought the disqualification of APC from the ballot.
In his originating summons, Ajayi said 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. He claimed 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 said 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 said the grievance of the plaintiffs is not about discrepancies in the name but the order or arrangements of the names. The position of Olatubora was supported by SANs representing other defendants.
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 the governorship primary that produced Adelami and Aiyedatiwa as candidates
Olatubora said “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.”
In the judgment in suit No. FHC/AK/CS/99/2024, Justice Adegoke Adegoke said the issue involving certificate forgery and perjury is criminal, which required the calling of evidence from the authorities that issued the certificates in question.
The court held that section 29 of the Electoral Act made provision for who can challenge the candidate of political parties. She said the fact that PDP and Ajayi are not aspirants in the APC primary that produced Aiyedatiwa and Adelami as candidates had rubbed them off any legal right to challenge their qualifications.
Consequently, the court resolved all issues in favour of the defendants saying the court lacked jurisdiction to entertain the case and dismissed it accordingly.