The Supreme Court of Nigeria has rejected the appeal filed by Agboola Ajayi of the Peoples Democratic Party (PDP) in Ondo State, contesting the candidacy of Governor Lucky Aiyedatiwa of the All Progressive Congress (APC), as reported by ThisDay Nigeria.
Delivering the lead judgment, Justice Lawal Garba ruled that Ajayi’s appeal was inadmissible because it was filed late and that he had no legal standing to challenge the nomination since he belonged to a different party. The court further emphasized that the issue was an internal matter of the APC.
The apex court determined that the appellants lacked the locus standi to pursue the case, making the appeal invalid. Additionally, it ruled that the case was statute-barred, affirming the decisions of the lower courts.
The judgment pointed out that the cause of action began on May 20, 2024, when nomination forms were submitted to the Independent National Electoral Commission (INEC). However, the appellants only filed their lawsuit at the Federal High Court on June 7, 2024—well past the 14-day limit mandated by law.
As a result, the court dismissed the appeal and ordered Ajayi to pay ₦2 million in costs to each of the four respondents.
Ajayi had sought to nullify the election of Deputy Governor Olayide Adelami, citing alleged discrepancies in his name change. He also challenged the legitimacy of Aiyedatiwa and the APC’s candidacy.
Ajayi’s argument was based on the claim that Adelami, who previously used “Jackson” as his middle name in secondary school, later changed it to “Owolabi” without proper documentation. However, the Supreme Court ruled that such a name change, when properly documented, does not constitute electoral fraud or grounds for disqualification.
Ajayi originally filed the suit at the Federal High Court in Abuja on June 7, 2024, arguing that Aiyedatiwa’s nomination was invalid due to the alleged non-qualification of his deputy. The case was later transferred to the Akure Judicial Division by the Chief Judge following the defendants’ request.
On December 2, 2024, the Federal High Court dismissed the case in a ruling by Justice T.B. Adegoke. The court relied on the precedent set in APC v. Obaseki, ruling that because Ajayi had made criminal allegations—such as forgery, perjury, and impersonation—against the Deputy Governor, he should have filed the case through a writ of summons instead of the method he used.
Unhappy with the ruling, Ajayi took the case to the Court of Appeal, Akure Division, submitting a Notice of Appeal on December 13, 2024.
The Court of Appeal, in a unanimous decision by Justices Oyebisi Omoleye, Hadiza Shagari, and Fadawu Umaru, dismissed the appeal and upheld the Federal High Court’s judgment. The court also imposed a cost of ₦500,000 against Ajayi.
Ajayi’s petition sought to nullify Aiyedatiwa’s election victory, alleging that Deputy Governor Olayide Adelami was guilty of forgery, false identity, and document falsification.
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