The candidate of the Peoples Democratic Party (PDP) in the Saturday November 16 governorship election in Ondo State, Hon. Agboola Ajayi, on Wednesday, filed a suit before the Federal High Court, Akure, challenging the qualification of the state’s Deputy Governor, Dr Olaiyide Adelami.
Ajayi who through his lawyer, M. Ndoka SAN, challenged the eligibility of Adelami to contest as the deputy governorship candidate of the All Progressives Congress (APC), consequently sought the disqualification of APC from the ballot.
No fewer than six Senior Advocates of Nigeria (SANs) were in court on Wednesday to prosecute and defend the case.
At the court 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 APC was represented by Mr Ebun-Olu Adegboruwa.
The Independent National Electoral Commission (INEC) had Charles Edosan, SAN, representing it in the suit.
Ajayi, in the originating summon through his lawyer said the first defendant, (Adelami) is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.
Based on the alleged conflicting names of the Deputy Governor-Elect, Ajayi, who was the second runner-up in the November 16 governorship election, asked the court to disqualify him and the governorship candidate.
Among 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.”
He also sought “a declaration that the APC has no validly nominated governorship and deputy governorship candidate for the 2024 election.”
He therefore prayed for an order disqualifying the defendants from participating in the election and order restraining 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 names but the order or arrangements of the names.
Olatubora said the plaintiffs have no right to file the suit by Section 29(5) of the Electoral Act 2022 because they are not members of APC and did not participate in the governorship primary that produced Adelami and Aiyedatiwa as candidates
Olatubora pointedly 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 described the suit as incompetent having been commenced by originating summon instead of a writ of summons as the suit is based on the allegation of fraud.
The Presiding Judge, Justice Toyin Bolaji Adegoke, however, fixed the judgment to a date that would be communicated to the parties.