Supreme Court affirms Aiyedatiwa’s candidacy

The Supreme Court, on Tuesday, affirmed the candidacy of Governor Lucky Aiyedatiwa of the All Progressive Congress (APC) as the Governor of Ondo State.

The apex court, dismissing the appeal filed by Agboola Ajayi of the Peoples Democratic Party (PDP) held that the appellant lacked the locus stand to pursue the matter.

The five-man panel of justices in a lead judgement delivered by Justice Lawal Garba dismissed Agboola Ajayi’s Appeal on the ground that it was filed out of time and that he lacked the right to file the lawsuit from another party.

The apex court further affirmed that the case was statute-barred, upholding the decisions of the lower courts.
In its judgement the court emphasised that the cause of action arose on May 20, 2024, when the nomination forms were submitted to INEC, while the appellants filed their suit at the Federal High Court on June 7, 2024, well beyond the 14-day limit prescribed by law.

Consequently, the apex court dismissed the appeal with an order that Agboola Ajayi to pay ₦2 million in costs to each of the four respondents.

Ajayi had sought to nullify the election of Deputy Governor Dr. Olayide Owolabi Adelami over allegations of discrepancies in his name change, as well as challenging the legitimacy of Governor Lucky Orimisan Aiyedatiwa and the All Progressives Congress (APC) in the case.

Ajayi’s argument centered on the claim that Adelami, who previously had “Jackson” as his middle name while in secondary school, had changed it to “Owolabi” without proper documentation.

However, the Supreme Court found no legal basis to disqualify the deputy governor on these grounds, emphasizing that name changes, when properly documented, do not constitute electoral fraud or disqualification.

Agboola Ajayi filed the case at the Federal High Court, Abuja on 7th June 2024, challenging the nomination of the Governor Aiyedatiwa on the technical ground of alleged non-qualification of his Deputy.

Upon the petition of the defendants, the case was transferred to the Akure judicial division of the Court by the Chief Judge.

The Federal High Court dismissed the case in the judgment delivered by Justice T.B. Adegoke on December 2, 2024. The trial Court relied on the case of APC v Obaseki to hold that since the plaintiff (Agboola) made criminal allegations of forgery, perjury, and impersonation against the Deputy Governor, he should have commenced the suit by way of writ of summons.

Being dissatisfied with the judgment of the Federal High Court, Agboola Ajayi appealed against it to the Court of Appeal, Akure Division, through a Notice of Appeal filed on December 13, 2024.

In a unanimous judgment delivered by 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 with an award of N500,000:00 costs against the appellant.

Reacting to the judgment the Attorney General and Commissioner for Justice of Ondo State, Dr. Olukayode Ajulo, SAN, described the judgment as “a victory for democracy, the rule of law, and the good people of Ondo State.”
He emphasised that electoral disputes should be grounded in concrete evidence rather than technicalities that do not affect the credibility of an election.

Ajulo likened Governor Aiyedatiwa’s triumph to a testament of perseverance and divine vindication, stating that “just as truth always prevails over falsehood, justice has now been served.”

He commended the Governor for his unwavering focus on governance despite distractions and reaffirmed the administration’s commitment to the continued development of Ondo State.