A Federal High Court, sitting in Akure, the Ondo state capital, on Wednesday, reserved judgement instituted against the Deputy Governor of Ondo, Olayide Adelami, challenging his qualification as the running mate to Governor Lucky Aiyedatiwa, in the November 16 governorship election
The governorship candidate of the Peoples Democratic Party (PDP) Hon. Agboola Ajayi has filed a suit at the Federal High Court to challenge the qualification of Adelami as the running mate to the Governor Lucky Aiyedatiwa in the November 16 governorship election in the state.
On resumption of the matter in court, six Senior Advocates of Nigeria (SANs) were in court to prosecute and defend the case.
A Senior Advocate of Nigeria, M Ndoka, the counsel to Agboola Ajayi and PDP was in court to challenge Adelami’s qualification while Dr. Remi Olatubora SAN and Idris Abubakar SAN, appeared for the deputy governor who was the first defendant.
Also, Mr Tayo Oyetibo, SAN, represented Governor Lucky Aiyedatiwa, who was the second defendant while the All Progressives Congress (APC) was represented by Mr Ebun-Olu Adegboruwa SAN and Charles Edosan SAN represented the Independent National Electoral Commission (INEC).
The case which was initially filed at the Abuja court was transferred to Ondo state because of territorial jurisdiction.
Ajayi, who was the candidate of PDP in the just concluded governorship election, in the originating summon, said the first defendant, (Adelami) is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.
Ajayi told the Court that Aselami has been using conflicting names, asking the court to disqualify him and the governorship candidate, Lucky Aiyedatiwa.
He prayed the court “That the first defendant,(Adelami) is constitutionally disqualified from contesting the election as Deputy Governorship candidate of APC.
“A declaration that the APC has no validly nominated Governorship and Deputy Governorship candidate for the 2024 election.”
Ajayi also prayed the court for an order disqualifying the defendants from participating in the election and order and restraining INEC from publishing their names or allowing them to participate in the election.
However, Adelami’s counsel, Dr Olatubora, 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.
Olatubora said the grievance of the plaintiffs is not about discrepancies in the name but the order or arrangements of the names.
According to Olatubora, the plaintiffs have no right to file the suit by section 29(5) of the Electoral Act 2022 because they are not members of the All Progressives Congress.
He also said once the plaintiff did not participate in the primaries that produced Adelami and Aiyedatiwa as candidates, he had no right to challenge Adelami.
According to him “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.”
Olatubora declared that “the suit is 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 Adegoke, said a date to deliver judgment will be communicated to the parties.
It will be recalled that Ajayi had approached the court through his lawyer, Ndoka seeking the disqualification of Adelami to contest as the Deputy Governorship candidate on the platform of APC, asking for Adelami’s name to be struck out from the ballot.
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