Senator Nicholas Tofowomo (Ondo South) has asked a Federal High Court to disqualify former Deputy Governor, Agboola Ajayi, as the Peoples Democratic Party (PDP) candidate for Ondo South.
Tofowomo cited Agboola’s ‘controversial academic records’ as reasons for the disqualification.
Agboola polled 78 votes to defeat Tofowomo who polled 74 votes in the PDP primary.
Other defendants in the suit are the PDP and the Independent National Electoral Commission (INEC).
Tofowomo, in the suit filed through his lawyer, Femi Emodamori, alleged that Agboola did not meet the constitutional requirements for contesting the 2023 general election as contained in the interpretation and application of Section 66(1)(I) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 29(5) and (6) of the Electoral Act, 2022, as well as other relevant laws.
He urged the court to determine if, together with the totality of the facts, Agboola did not present false information and/or forged certificate(s) in his INEC Form EC9.
“I believe the first Defendant (Agboola) lied and/or swore to a false information when he stated in Exhibit FEE4 (the Affidavit For Correction of Date of Birth which he submitted to the third defendant) that he was issued the 2004 WASSC (Exhibit FEE3) No. NGWASSCS 5529745 and claimed ‘that in the said certificate my date of birth was mistakenly printed as December 8, 1980 instead of September 24, 1968’.
“Whether, having regard to Section 29 (6) of the Electoral Act, 2022, the first defendant should be disqualified as candidate of the second defendant (PDP) for Ondo South Senatorial District in the 2023 general elections,” Tofowomo said.
Tofowomo is also seeking an order of the court to declare him candidate of the PDP having scored the second highest number of votes in the PDP primary for Ondo South. He also wants a court order directing the PDP and INEC to substitute Agboola for him.