Mohammed Shosanya
The candidate of the Peoples Democratic Party(PDP), in the last governorship election in Ondo State,Agboola Ajayi,has sued the APC governorship candidate, Lucky Aiyedatiwa, and his deputy, Olayide Adelami.
In the suit filed before the Federal High Court sitting in Akure, Agboola challenged the qualification of the duo to participate in the just concluded poll.
Ajayi had, through his attorney, M. Ndoka SAN, challenged the eligibility of Adelami to contest as the Deputy Governorship candidate of APC.
He is also praying the court to disqualify APC from the ballot.
In the originating summons,the PDP candidate, Ajayi, said the first defendant (Adelami) is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.
Ajayi prayed the court to disqualify the APC deputy governorship candidate, Adelami, and the governorship candidate, Aiyedatiwa.
He also prayed the court :”That the first defendant,(Adelami) is constitutionally disqualified from contesting the election as Deputy Governorship candidate of APC.”
He also sought “A declaration that the APC has no validly nominated Governorship and Deputy Governorship candidate for the 2024 election.”
The applicant,who came second in the November 16 governorship election in the state, 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.
The counsel of the first defendant(Adelami), Dr. Remi Olatubora told the court that the West African Examination Council (WAEC) result of his client has the name Adelami Owolabi Jackson in 1974 and that a degree certificate from Ambrose Ali University issued in 1982 has the name Adelami Olaide Owolabi.
He further explained that the grievance of the plaintiffs is not about discrepancies in the name but rather the order or arrangements of the names.
He told the court that the plaintiffs have no right to file the suit in accordance with section 29(5) of the Electoral Act 2022 because they are neither members of All Progressives Congress(APC) nor participated in the governorship primaries that produced Adelami and Aiyedatiwa as deputy governorship and governorship candidates of the party respectively.
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.”
He added that the suit is incompetent having been commenced by originating summon instead of a writ of summons as the suit is based on the allegation of fraud.
Justice DD Adegoke fixed judgment on the suit for a later date.
The applicant was represented in court by M. Ndoka SAN,while the first defendant(Adelami) was represented by Dr. Remi Olatubora SAN and Idris Abubakar SAN.
Governor Aiyedatiwa (the second defendant) was represented by Mr. Tayo Oyetibo SAN, while All Progressives Congress (APC) was represented by Mr. Ebun-Olu Adegboruwa SAN.