Judiciary
A Federal High Court, sitting in Akure, the Ondo state capital, has reserved judgement in a suit challenging the qualification of the Deputy Governor of Ondo State, Dr Olaiyide Adelami, the running mate to Governor Lucky Aiyedatiwa, in the November 16 governorship election
On resumption of the matter in court, six Senior Advocates of Nigeria (SANs) were in court to prosecute and defend the case.
Hon Agboola Ajayi, the People’s Democratic Party (PDP) candidate and the party, have filed a suit at the Federal High Court to challenge the qualification of Adelami as the running mate to the Governor- Elect, Lucky Aiyedatiwa in the November 16 governorship election in the state.
A Senior Advocate of Nigeria, M Ndoka, 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).
Recall that Ajayi had, through his lawyer, Ndoka SAN, challenged the eligibility of Adelami to contest as the Deputy Governorship candidate on the platform of APC. He consequently sought the disqualification of APC from the ballot.
The case was initially filed at the Abuja court but transferred to Ondo state because of territorial jurisdiction.
In his originating summons, Ajayi, who was the second runner-up in the just concluded governorship election, said the first defendant, (Adelami) is known by multiple conflicting and irreconcilable names of Adelami Owolabi Jackson and Olaide Owolabi Adelami.
Ajayi said that with the conflicting names, the court should disqualify him and the governorship candidate, Lucky Aiyedatiwa.
He 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 candidate for the 2024 election.”
He also asked 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, while reacting, 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.
He said the plaintiffs have no right to file the suit in accordance with section 29(5) of the Electoral Act 2022 because they are not members of All Progressives Congress and did not participate in the primaries that the governorship primary that produced Adelami and Aiyedatiwa as candidates
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 judgement will be communicated to the parties. – vanguard
A.I
Nov. 20, 2024
Tags: Dr Olaiyide Adelami th Governor Lucky Aiyedatiwa
