The Supreme Court of Nigeria has dismissed the appeal filed by Agboola Ajayi of the Peoples Democratic Party (PDP) in Ondo State against the candidacy of Governor Lucky Aiyedatiwa of the All Progressive Congress (APC).
In the lead judgment delivered by Justice Lawal Garba, the apex court dismissed Ajayi’s appeal on the grounds that it was filed outside the stipulated time frame and that he lacked the standing to initiate the lawsuit as a member of a different political party. The court noted that the matter was an internal issue of the defendant’s party.
The Supreme Court held that the appellants did not have the locus standi to pursue the case, rendering the appeal unsustainable. Additionally, the court affirmed that the case was statute-barred, upholding the decisions made by the lower courts.
The judgment emphasized that the cause of action arose on May 20, 2024, when the nomination forms were submitted to the Independent National Electoral Commission (INEC). However, the appellants filed their suit in the Federal High Court on June 7, 2024, well beyond the 14-day limit prescribed by law.
As a result, the appeal was dismissed, with the court ordering Agboola Ajayi to pay ₦2 million in costs to each of the four respondents.
Ajayi had sought to nullify the election of Deputy Governor Olayide Adelami, alleging discrepancies related to his name change and challenging the legitimacy of Aiyedatiwa and the APC in the process.
Ajayi’s argument centered around the claim that Adelami, who previously used “Jackson” as his middle name during his secondary school years, had changed it to “Owolabi” without proper documentation. However, the Supreme Court found no legal basis for disqualifying the deputy governor on these grounds, emphasizing that properly documented name changes do not constitute electoral fraud or disqualification.
Ajayi filed the case at the Federal High Court in Abuja on June 7, 2024, challenging Aiyedatiwa’s nomination on the technical ground of the alleged non-qualification of his Deputy. Following a petition from the defendants, the Chief Judge transferred the case to the Akure judicial division of the court.
The Federal High Court dismissed the case in a judgment delivered by Justice T.B. Adegoke on December 2, 2024. The trial court relied on the case of APC v. Obaseki, ruling that since the plaintiff (Ajayi) made serious allegations of forgery, perjury, and impersonation against the Deputy Governor, he should have commenced the suit by way of a writ of summons.
Dissatisfied with the judgment of the Federal High Court, Ajayi appealed to the Court of Appeal, Akure Division, through a Notice of Appeal filed on December 13, 2024.
In a unanimous judgment delivered by Honourable Justices Oyebisi Omoleye, Hadiza Shagari, and Fadawu Umaru, the Court of Appeal dismissed the appeal and upheld the findings and decisions of the Federal High Court, imposing a cost of ₦500,000 against the appellant.
Ajayi had sought to nullify Aiyedatiwa’s victory, accusing Deputy Governor Olayide Adelami of forgery, false identity, and falsification of documents.
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