Appeal Court upholds Ondo ex-deputy governor’s election as PDP senatorial candidate

The Court of Appeal in Akure yesterday confirmed former Deputy Governor of Ondo State, Chief Alfred Agboola Ajayi, as the Peoples Democratic Party (PDP) senatorial candidate for the state’s Ondo South senatorial district.

The Appellate Court, presided over by Justice Ayobode Olujimi Lokulo-Sodipe, dismissed Senator Nicholas Tofowomo’s appeal against the Federal High Court’s decision to confirm Ajayi as the party’s candidate.

Tofowomo, the current Senator representing Ondo South, received 74 votes in the primary election, while Ajayi received 78. However, dissatisfied with the primary election results, Tofowomo filed a challenge through his counsel, Mr. Femi Emodamori.

Tofowomo had accused Ajayi of perjury and an education scandal.

The plaintiff asked the court on July 5, 2022, in a suit number: FHC/CS/AK/ 83 /2022, to nullify the former deputy governor’s nomination on the grounds that Ajayi presented controversial academic records for the election.

He stated that once the winner was declared ineligible, the runner-up should be declared the winner.

However, Ajayi, through his lawyer, Prof Kayode Olatoke, argued that the perjury charge against him was unfounded, claiming that the school registrar at the time he wrote his WAEC had sworn to an affidavit in 2006 to absolve him of the contentious error on his WAEC certificate about his date of birth.

Ajayi also claimed that the case was filed after the deadline, that the court lacked jurisdiction to hear it, and that it was a mere academic exercise and waste of court time.

In his October verdict, Justice Aikawa stated that the Supreme Court in several decided cases held that the date of occurrence was to be used to determine the status of the case, not the date the plaintiff became aware of the infraction.

He stated that the cause of action occurred on June 9, 2022, and the case was filed on July 5, 2022. He ruled that the case, which was supposed to be filed 14 days after the cause of action, was filed 26 days later.

Justice Aikawa ruled that the case would not be heard on merit because it was filed outside of the time limits specified in the 1999 constitution and amended Electoral Act. As a result, he dismissed the case.

Tofowomo, however, was dissatisfied with the verdict and asked the appellate court to order a retrial of the case because the merits should take precedence over the technicalities used by the trial court.

In his decision, the appellate court dismissed Tofowomo’s appeal, stating that the suit could not be heard on merit because the electoral act, practice direction, and constitution stipulated the time within which such suit should be filed.

The failure of the appellant to enter the period stipulated by law, which was clearly 14 days after the cause of action, rendered the case and the appeal null and void, according to the court. As a result, he dismissed the appeal and fined N250.000.00.