Supreme Court Throws Out Agboola Ajayi’s Petition, Upholds Aiyedatiwa’s Election

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The Supreme Court of Nigeria has dismissed the pre-election case filed by Hon. Agboola Alfred Ajayi, the Peoples Democratic Party (PDP) candidate in the November 16, 2024, Ondo State governorship election, bringing an end to months of legal wrangling over the outcome of the poll.

In a unanimous decision, the apex court ruled that Ajayi and his co-appellants lacked the legal standing (locus standi) to file the suit, and declared the case statute-barred. The court held that the cause of action arose on May 20, 2024—the date on which nomination forms were submitted to the Independent National Electoral Commission (INEC)—but the suit was not filed until June 7, 2024, well beyond the 14-day time limit stipulated by law for such matters.

The justices not only dismissed the appeal as lacking merit but also ordered Ajayi to pay ₦2 million each to the four respondents involved in the case.

Ajayi’s petition had sought to disqualify Deputy Governor Dr. Olayide Owolabi Adelami over claims that he had inconsistently used “Jackson” and “Owolabi” as his middle name without proper documentation. He also challenged the candidacy of Governor Lucky Orimisan Aiyedatiwa and the APC. But the court held that there was no legal justification to invalidate Adelami’s candidacy, emphasizing that name changes, when duly documented, do not constitute electoral malpractice.

Reacting to the judgment, Ondo State’s Attorney General and Commissioner for Justice, Dr. Olukayode Ajulo, SAN, OON, hailed the verdict as a “victory for democracy, the rule of law, and the good people of Ondo State.”

“This ruling is a testament to truth triumphing over technicalities. The courts have spoken with clarity and courage. It validates the mandate freely given to Governor Aiyedatiwa by the people,” Dr. Ajulo said.

He further praised the decisions of the lower courts—namely the Federal High Court in Akure presided over by Justice Oluwatoyin Adegoke, and the Court of Appeal led by Justices Oyebisi Omoleye, Hadiza Shagari, and Fadawu Umaru—which had earlier dismissed the same petition.

Dr. Ajulo also commended the legal teams on both sides for their dedication to due process. “Every legal mind who argued in this matter has contributed to strengthening our democratic institutions. I salute the outstanding advocacy of Chief Wole Olanipekun, SAN; Adegboyega Awomolo, SAN; Charles Edosomwan, SAN; Ebun-Olu Adegboruwa, SAN; and Remi Olatubora, SAN, among others.”

With this final verdict from the Supreme Court, Governor Lucky Aiyedatiwa’s electoral victory has been unequivocally affirmed, solidifying the legitimacy of the APC-led administration in Ondo State and closing the curtain on the prolonged legal battle.

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