The Supreme Court of Nigeria has dismissed the appeal filed by Agboola Ajayi of the Peoples Democratic Party (PDP) in Ondo State, challenging the candidacy of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC).
In the lead judgment delivered by Justice Lawal Garba, the court ruled that Ajayi’s appeal was filed out of time and that he lacked the legal standing to pursue the case, as he was from a different party. The court also noted that the issue was an internal matter for the defendant’s party.
The apex court stated that the appellants did not have the locus standi to file the case, deeming the appeal unsustainable. The court affirmed that the case was statute-barred, upholding the decisions of the lower courts.
The judgment pointed out that the cause of action arose on May 20, 2024, when the nomination forms were submitted to the Independent National Electoral Commission (INEC). However, Ajayi filed his suit at the Federal High Court on June 7, 2024, well beyond the 14-day limit prescribed by law.
As a result, the Supreme Court dismissed the appeal and ordered Agboola Ajayi to pay ₦2 million in costs to each of the four respondents.
Ajayi had sought to annul the election of Deputy Governor Olayide Adelami, citing alleged discrepancies in his name change, and also challenged the legitimacy of Aiyedatiwa and the APC. Ajayi’s argument focused on the claim that Adelami had changed his middle name from “Jackson” to “Owolabi” without proper documentation.
However, the Supreme Court found no legal basis for disqualifying the deputy governor on these grounds, emphasizing that name changes, when properly documented, do not constitute electoral fraud or disqualification.
Ajayi had initially filed the case at the Federal High Court, Abuja, on June 7, 2024, challenging Aiyedatiwa’s nomination on the technical ground of the alleged non-qualification of his deputy. The case was later transferred to the Akure judicial division of the Court by the Chief Judge. On December 2, 2024, the Federal High Court dismissed the case, ruling that since Ajayi made criminal allegations against the Deputy Governor, he should have initiated the suit via a writ of summons.
Dissatisfied with the ruling, Ajayi appealed to the Court of Appeal, Akure Division, on December 13, 2024. However, the Court of Appeal, in a unanimous judgment delivered by Honourable Justices Oyebisi Omoleye, Hadiza Shagari, and Fadawu Umaru, dismissed the appeal and upheld the Federal High Court’s decision, awarding ₦500,000 in costs against the appellant.
Ajayi had accused Deputy Governor Adelami of forgery, false identity, and falsification of documents in his attempt to nullify Aiyedatiwa’s victory.
