- Apex court awards N8m cost against party, Ajayi
Supreme Court has dismissed an appeal by the Peoples Democratic Party (PDP) and its candidate in the last governorship election in Ondo State, Agboola Ajayi, challenging the competence of the joint ticket of Lucky Aiyedatiwa and his running mate, Olayide Adelami.
In a judgment yesterday, a five-member panel, presided over by Justice Mohammed Garba, was unanimous in holding that the appeal was without merit.
The apex court held that not being members of the All Progressives Congress (APC), the party that sponsored him, the appellants lacked the locus standi (the legal right to approach the court) to query Adelami’s nomination.
The court also held that the case was statute barred because, being a pre-election case, it was commenced outside the time provided in the Constitution and the Electoral Act.
The Supreme Court affirmed the judgment of the Court of Appeal in Akure delivered on January 28, which equally affirmed the December 2, 2024 decision of a Federal High Court in Akure (Ondo State capital) on the issue.
The court awarded a cost of N8milion against the PDP and Ajayi, at N2million each for the four respondents – Adelami, Aiyedatiwa, APC and Independent National Electoral Commission (INEC).
The judgment was in the appeal marked: SC/CV/106/2025.
Read Also: Tinubu’s bold leadership responsible for Nigeria’s new growth path – Shettima
PDP and Ajayi had gone to the Federal High Court to challenge Adelami’s qualification, alleging inconsistencies in the names submitted to INEC.
They equally queried Adelami’s eligibility to contest as the deputy governorship candidate on the platform of APC and consequently sought the disqualification of APC from the ballot.
PDP and Ajayi alleged that Adelami was known by multiple, conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.
They urged the court to declare “that the first defendant (Adelami) is constitutionally disqualified from contesting the election as the deputy governorship candidate of APC.”
The plaintiffs also sought “a declaration that the APC has no validly nominated governorship and deputy governorship candidates for the 2024 election.”
They then prayed the court to issue an order disqualifying Adelami and Aiyedatiwa from participating in the election and restraining INEC from publishing their names or allowing them to participate in the election.
In its judgment on December 2, 2024 in the suit marked: FHC/AK/CS/99/2024, Justice Toyin Adegoke of the Federal High Court, Akure held that the plaintiffs lacked the necessary locus standi to institute the suit.
Justice Adegoke also held that the case filed by Ajayi and the PDP was statute barred, having filed it outside the 14 days required by the Electoral Act.
The judge equally held that the court lacked jurisdiction to hear the suit, having been initiated via originating summons, instead of a Writ of Summons.
She noted that the issue involving certificate forgery and perjury was criminal, which required the calling of evidence from the authorities that issued the certificates in question.
The judge further held that Section 29 of the Electoral Act made provision for who could challenge the candidate of political parties.
She held that since the PDP and Ajayi were not aspirants in the APC primary election that produced Aiyedatiwa and Adelami as candidates, they lacked any legal right to challenge their nomination.