A Federal High Court sitting in Akure, the Ondo State capital, on Wednesday reserved judgment in a suit filed by the governorship candidate of the People’s Democratic Party (PDP), Agboola Ajayi, seeking the disqualification of the ruling party in Saturday’s election over the eligibility of Olayide Adelami, the deputy governor of Governor Lucky Aiyedatiwa.
The Presiding Judge, Justice Adegoke, adjourned the judgment to a date that would be communicated to the parties after the lawyers to the plaintiffs and the defense adopted their processes and argued their case for and against the suit.
Ajayi had filed a suit at the court challenging the qualification of Adelami as the running mate to Aiyedatiwa in the November 16 governorship election.
In the court to challenge the qualification of Adelami was M. Ndoka SAN. To defend the Deputy Governor, who was the first defendant, were Dr. Remi Olatubora and Idris Abubakar SAN. Governor Aiyedatiwa, who was the second defendant, was represented by Mr. Tayo Oyetibo, while the All Progressives Congress (APC) was represented by Mr. Ebun-Olu Adegboruwa. Charles Edosan SAN represented the Independent National Electoral Commission (INEC).
Ajayi had, through his lawyer, Ndoka SAN, challenged the eligibility of Adelami to contest as the Deputy Governorship candidate on the platform of APC. He consequently sought the disqualification of APC from the ballot.
In his originating summons, Ajayi, who was the second runner-up in the November 16 governorship election, said the first defendant, Adelami, is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.
With the conflicting names, Ajayi asked the court to disqualify him and the governorship candidate.
In his prayers, the PDP’s candidate prayed, “That the first defendant, Adelami, is constitutionally disqualified from contesting the election as Deputy Governorship candidate of APC.”
Also, he sought “a declaration that the APC has no validly nominated governorship and deputy governorship candidate for the 2024 election.”
He asked for an order disqualifying the defendants from participating in the election and ordering INEC from publishing their names or allowing them to participate in the election.
However, Olatubora, in his reaction, said that the West African Examination Council (WAEC) result has the name Adelami Owolabi Jackson in 1974 and that a degree certificate from Ambrose Alli University issued in 1982 has the name Adelami Olaide Owolabi.
He said the grievance of the plaintiffs is not about discrepancies in the name but the order or arrangements of the names.
Olatubora said the plaintiffs have no right to file the suit in accordance with section 29(5) of the Electoral Act 2022 because they are not members of APC and did not participate in the primaries that produced Adelami and Aiyedatiwa as candidates.
Olatubora said, “The plaintiffs lack the locus standi to file the suit or seek the reliefs set out in the originating summons. That the suit, as a matter of law, does not qualify as a pre-election matter, and this court lacks jurisdiction.”
Besides, Olatubora said the suit is incompetent, having been commenced by originating summons instead of a writ of summons, as the suit is based on the allegation of fraud.