2023: Ondo Senator wants judgment in suit seeking to disqualify Ajayi

The Senator representing Ondo South senatorial district, Nicholas Tofowomo, has appealed to the Akure Federal High Court to speedily deliver judgment in the suit he filed seeking disqualification of a former Deputy Governor, Agboola Ajayi, as candidate of the party in next year’s general elections. Ajayi scored 78 votes against the 74 votes garnered by Senator Tofowomo to emerge candidate of the PDP for Ondo North senatorial district.

Senator Tofowomo said he was worried by the continued delay of the Court to deliver judgement since August when both parties adopted their written addresses. In the suit, Tofowomo argued that Ajayi did not meet the constitutional requirements for contesting the 2023 general election as contained in the interpretation and application of Section 66(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 29(5) & (6) of the Electoral Act, 2022 as well as other relevant laws.

Senator Tofowomo, in a letter by his lawyer, Femi Emodamori and addressed to the Court’s Registrar, said the court has not communicated parties for judgment date. He said the constitution gave the court till October 19th, 2022 to deliver its judgement in the suit. According to the letter, “The Suit is a Pre-Election matter relating to the candidacy of the People’s Democratic Party for Ondo South Senatorial District.

However, up until now, no date has been communicated to the parties for the judgment. By virtue of Section 294 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every court is expected to deliver its judgment in writing not later than ninety days after the conclusion of evidence and final addresses by the parties. The ninety days period in the instant case would expire on or about 19th October, 2022.

“Apart from the above constitutional provision and the understandably huge public interest in the case, it is most desirable for all the parties to know the outcome of the case promptly, for them to effectively prepare and execute their political campaign plans for the Ondo South Senatorial District. Consequently, we hereby respectfully request that you kindly bring this letter to the attention of his Noble Lordship, Hon. Justice R.M Aikawa, for necessary action.”