Mohammed Shosanya
A Federal High Court in Akure, Ondo State, has dismissed the suit filed by Peoples Democratic Party PDP governorship candidate, Agboola Ajayi, against Governor Lucky Aiyedatiwa and his deputy, Olayide Adelami over false documents, on grounds of lack of locus standi.
In his verdict on Monday,Justice DD Adegoke ruled that the plaintiff, Ajayi, lacked the locus standi to challenge the candidature of the All Progressives Congress APC governorship and deputy governorship candidates of the party in the last gubernatorial election in Ondo State because he did not participate in the APC primary that produced the candidates.
The court also held that the suit was statute-barred as the suit was filed four days later than required by the Electoral Act.
The counsel to the defendants had argued that the documents which is the res of the suit were submitted to the Independent National Electoral Commission(INEC) on May 20, 2024 and the Electoral Act states that actions shall be instituted against such action within 14 days.
But,the counsel to the plaintiff,M. Ndoka, SAN, told the court that the plaintiff filed his application on June 7, 2024, arguing that INEC published(made public) the documents on May 25, 2024, saying the suit was filed with 14 days the documents became public.
In the verdict,the Justice Adegoke held upheld the arguments of the counsel to the defendants led by Peter Olatubora SAN, that the plaintiff should have begun his suit by filing a writ of summon rather than originating summon.
They also argued that the burden of proof lies on the plaintiff who alleged that the certificates submitted to INEC by Adelami were fake.
The court held that it is imperative for the plaintiff to produce before the court the original copies of the certificates and the fake copies to allow comparism.
It also held that the plaintiff shall produce the issuers of the original certificates and a forensic expert shall be on ground to carry out forensic examination on the certificates.
The judge said the issue of fake documents is a crime and should be treated as such.
Justice Adegoke ruled that placing the case on imaginary scale, the suit lacked substance and should not be entertained because the plaintiff lacked locus standi.
Agboola Ajayi is challenging the qualification of Adelami as the running mate of Governor Lucky Aiyedatiwa in the just concluded gubernatorial election in Ondo State.
He prayed the court to disqualify APC from the ballot.
Agboola Ajayi said:”That the first defendant(Adelami) is constitutionally disqualified from contesting the election as Deputy Governorship candidate of APC.
“A declaration that the APC has no validly nominated governorship and deputy governorship candidates for the 2024 election.”