The candidate of the Peoples Democratic Party (PDP) in the governorship election in Ondo State on Saturday 16th November, Hon. Agboola Ajayi on Wednesday filed a suit before the Federal High Court, Akure, challenging the qualifications of the Deputy Governor of the state, Dr. Olayide Adelami.
Ajayi, through his lawyer M. Ndoka SAN, challenged Adelami's eligibility to contest the election as the deputy governorship candidate of the All Progressives Congress (APC), resulting in a demand for the disqualification of the APC from the ballot .
At least six Senior Advocates of Nigeria (SAN) were in court on Wednesday to plead and defend the case.
In court to defend the Deputy Governor, who was the first defendant, were Dr. Remi Olatubora and Idris Abubakar SAN.
Governor Ayedatiwa, the second defendant, was represented by Mr. Tayo Oyetibo, while the APC was represented by Mr. Ebun-Olu Adegboruwa.
It was represented at the trial by Charles Edson, SAN, at the Independent National Electoral Commission (INEC).
Ajayi, through his lawyer, said in the original summons that the first defendant, (Adelami) is known by several contradictory and inconsistent names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.
Based on alleged conflicting names of the deputy governor-elect, Ajayi, who was the second runner-up in the November 16 gubernatorial election, asked the court to disqualify him and the gubernatorial candidate.
In his prayers, the PDP candidate prayed, “The first respondent, (Adelami) is constitutionally disqualified from contesting the election as the Deputy Governorship candidate of the APC.”
He also sought to declare that the APC has no legitimately nominated governorship and deputy governorship candidate for the 2024 election.
He therefore prayed for an order disqualifying the respondents from participating in the election and an order restraining INEC from publishing their names or allowing them to participate in the election.
However, Olatubora in his response said the West African Examinations Council (WAEC) results in 1974 contained the name Adelami Owolabi Jackson and the Ambrose Alli University degree certificate issued in 1982 contained the name Adelami Olaide Owolabi.
He said that the complaint of the plaintiff is not about discrepancies in the names but about the order or arrangement of the names.
Olatubora said the plaintiffs have no locus standi to file the suit under Section 29(5) of the Electoral Act 2022 because they are not members of the APC and did not participate in the governorship primaries in which Adelami and Ayedatiwa were made candidates Was.
Olatubora clearly stated, “The plaintiff does not have standing to file a suit or seek the relief set out in the original summons. As a legal matter the suit does not qualify as a pre-election matter, and this court lacks jurisdiction.
Furthermore, Olatubora described the suit as indefensible because the suit was initiated by issuing summons rather than a writ of summons since the suit is based on an allegation of fraud.
However, the presiding judge, Justice Toyin Bolaji Adegoke, fixed a date for judgment which will be communicated to the parties.
Source link