Sam Philip
The Federal High Court sitting in Akure, Ondo State, on Monday dismissed the suit filed by Peoples Democratic Party(PDP) governorship candidate, Agboola Ajayi, against Governor Lucky Aiyedatiwa and his deputy, Olayide Adelami over false documents, on grounds of lack of locus standi.
Delivering her judgement, the presiding judge, Justice DD Adegoke ruled that the plaintiff, Ajayi, lacked the locus standi to challenge the candidature of the All Progressives Congress APC governorship and deputy governorship candidates of the party in the last gubernatorial election in Ondo State because he did not participate in the APC primary that produced the candidates.
Also, the court held that the suit was statute-barred as the suit was not filed within the days required by the Electoral Act.
Counsel to the defendants had argued that the documents which is the res of the suit were submitted to the Independent National Electoral Commission(INEC) on May 20, 2024 and the Electoral Act states that actions shall be instituted against such action within 14 days.
But the plaintiff’s counsel, M. Ndoka, SAN, told the court that the plaintiff filed his application on June 7, 2024, arguing that INEC published(made public) the documents on May 25, 2024, saying the suit was filed with 14 days the documents became public.
In the judgement, the Justice Adegoke upheld the arguments of the counsels to the defendants led by Peter Olatubora SAN, that the plaintiff should have begun his suit by filing a writ of summon rather than originating summon.
They also argued that the burden of proof lies on the plaintiff who alleged that the certificates submitted to INEC by Adelami were fake.
The court therefore held that it is imperative for the plaintiff to produce before the court the original copies of the certificates and the fake copies to allow comparison.
It also held that the plaintiff shall produce the issuers of the original certificates and a forensic expert shall be on ground to carry out forensic examination on the certificates.
The judge said the issue of fake documents is a crime and should be treated as such.
Justice Adegoke therefore ruled that placing the case on imaginary scale, the suit lacked substance and should not be entertained because the plaintiff lacked locus standi.
In the suit, Agboola Ajayi is challenging the qualification of Adelami as the running mate of Governor Lucky Aiyedatiwa in the just concluded gubernatorial election in Ondo State.
He prayed the court to disqualify APC from the ballot.
Agboola Ajayi prayed “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 candidates for the 2024 election.”
Speaking with newsmen after the judgement was delivered, the attorney to Adelami, Peter Olatubora SAN said the interpretation of what the judge said was that the suit was useless.