dismisses PDP’s Agboola Ajayi’s appeal
The Court of Appeal sitting in Akure, the Ondo State capital, has nullified the appeal filed by the People’s Democratic Party (PDP), and its flag bearer, Agboola Ajayi, in the November 16 governorship election in the state, challenging the victory of Governor Lucky Orimisan Aiyedatiwa and his deputy, Dr Olayide Adelami, both of the All Progressive Congress, (APC) in the state.
Ajayi had initially filed a petition at a Federal High Court in Akure, challenging the qualifications of Lucky Aiyedatiwa and his deputy, Dr. Adelami, in the election.
The Independent National Electoral Commission (INEC), had declared Governor Aiyedatiwa of the All Progressives Congress winner of the November 16 election, having polled a total of 366,781 votes to defeat his closest rival, Ajayi scored a total vote of 117,845.
The suit was filed by the candidate of the Peoples Democratic Party(PDP) in the election, Agboola Ajayi, through his legal counsel, M Ndoka (SAN).
Delivering his Judgment at the trial court, the Presiding judge, Justice Toyin Bolaji Adegoke declared that the plaintiff lacked locus standi to file the suit
She added that the case filed by Ajayi and his party, the PDP, was statute-barred, being filed outside the 14 days required by the Electoral Act.
Justice Adegoke, therefore, ruled that the court lacked jurisdiction to hear the suit, having filed through originating summons instead of a Writ of Summons.
The Federal High Court, however, dismissed the suit, saying they lacked locus standi to file the suit
Displeased with the verdict on December 2, 2024, Agboola Ajayi and his party, PDP, thereafter filed an appeal challenging the judgment of the trial court.
Ruling on the appeal on Tuesday, the Court of Appeal’s three-man panel, led by Justice Olufemi Akeju decisively struck out and dismissed the appeal filed by Ajayi and the PDP for lack of merit, thereby reaffirming Aiyedatiwa’s authority in office.
Justice Akeju held, in the lead judgment that Agboola and the PDP had failed to establish its locus standi.
At the Appellate Court, Ajayi and the PDP argued that Dr. Adelami lacked the qualifications to run for election, even referencing a Bayelsa State precedent in their bid for disqualification.
The Court ruling marked a watershed in the state’s political history, reaffirming the electoral mandate granted to Aiyedatiwa and Adelami.
Reacting to the development in a statement issued by the State Attorney-General and Commissioner for Justice, Dr Kayode Ajulo, said: “Their administration is laser-focused on delivering on its commitments to the citizenry, and the court’s decision underscores the vital role of the judiciary in safeguarding electoral integrity.
“ I offer my sincere congratulations to the Governor and Deputy Governor. To the appellant, as a brother and friend, it’s high time to wake up and recognize the futility of this endless chase against an unimpeachable mandate conferred by the people of Ondo State.
“Let’s rally together and channel our energies toward the collective advancement of our state, for the will of the people is an inviolable covenant that must be honoured.”
