The Akure Division of the Federal High Court in Ondo State on Monday struck out the suit seeking disqualification of the All Progressives Congress (APC) candidate in the November 16, 2024 governorship election. 

Agboola Ajayi, candidate of the Peoples Democratic Party (PDP) in the off-cycle governorship election, had approached the court to challenge the qualification of Olayide Adelami, the deputy governor-elect. 

Mr Ajayi, the second runner-up in the governorship election, cited inconsistency in the names Mr Adelami submitted to the Independent National Electoral Commission (INEC) prior to the poll. 

The PDP governorship candidate had, through his counsel, M. Ndoka (SAN), challenged the eligibility of Mr Adelami to contest as the deputy governorship candidate on the platform of APC and consequently sought the disqualification of APC from the ballot.

In the originating summons through his counsel, Mr Ajayi said the first defendant (Mr Adelami) is known by multiple conflicting and irreconcilable names, such as Adelami Owolabi Jackson and Olaide Owolabi Adelami.

In his prayers, the PDP candidate prayed the court, “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 further sought an order disqualifying the defendants from participating in the election and restraining INEC from publishing their names or allowing them to participate.

However, the defence counsel, Remi Olatubora (SAN), said Mr Adelami’s West African Examination Council (WAEC) result had 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. 

Mr Olatubora said the plaintiffs have no right to file the suit following section 29(5) of the Electoral Act 2022 because they are not members of the APC and did not participate in the primary that produced Messrs Adelami and Aiyedatiwa as candidates.

“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,” he said.

In her judgment, Justice Toyin Adegoke dismissed all the charges preferred against the APC candidates.

Ms Adegoke, in suit No. FHC/AK/CS/99/2024, held that the PDP candidate who challenged the qualification of the APC lacked locus standi to file the case.

She held that the case filed by Mr Ajayi and the PDP is barred by statute, having filed it outside the 14 days required by the Electoral Act.

Ms Adegoke further held that the court lacked jurisdiction to hear the suit, having filed it through originating summons instead of a Writ of Summons.

The judge said the issue involving certificate forgery and perjury is criminal, which required the calling of evidence from the authorities that issued the certificates in question.

The court further held that section 29 of the Electoral Act made provisions for who could challenge the candidate of political parties. 

She said the fact that PDP and Ajayi are not aspirants in the APC primary that produced Messrs Aiyedatiwa and Adelami as candidates had rubbed them off any legal right to challenge their qualifications.