The Federal Court sitting in Akure, the Ondo State capital, on Monday dismissed the suit seeking the disqualification of the former Deputy Governor of Ondo State, Hon Agboola Ajayi as the candidate of the Peoples Democratic Party (PDP) for Ondo South senatorial district.
In the suit marked FHC/CS/AK/ 83 /2022 filed on July 5, 2022, the plaintiff, Senator Nicholas Tofowomo, prayed the court to nullify the nomination of Ajayi on the grounds of alleged controversial academic records presented by Ajayi for the election
But Justice Rilwanu Aikawa, while delivering his judgment through zoom said the suit filed by Senator Tofowomo was statute barred because it was filed outside the time provided under the law.
Justice Aikawa held that the case would not be heard on merit since it was filed outside the time allowed under the 1999 constitution and the amended Electoral Act.
The Judge noted that the Supreme Court had decided similar cases, and held that the date of occurrence is to be used to determine the status of the case and not the date the plaintiff was aware of the case
Justice Aikawa said the date of the occurrence of the cause of action was June 9, 2022, and the date the case was filed was July 5, 2022. He held that the case which was supposed to be filed 14 days was filed after 26 days after the cause of action.
Ajayi who polled 78 votes in the PDP primary defeated Tofowomo with four votes, having polled 74 votes and was declared the winner of the contest to represent the South senatorial district.
Irked by the result of the party’s primary, Tofowomo headed to court to challenge the outcome of the primary election through his counsel, Mr Femi Emodamori.
Tofowomo accused Ajayi of alleged act of perjury and an education scandal. In a suit number: FHC/CS/AK/ 83 /2022 filed on July 5, 2022, the plaintiff prayed the court to nullify the former deputy governor’s nomination on the grounds that controversial academic records were presented by Ajayi for the election.
He alleged that Ajayi lied on oath in his form, which he submitted to the Independent National Electoral Commission (INEC) for clearance for the poll.
Tofowomo said Agboola 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 1999 Constitution and Section 29(5) & (6) of the Electoral Act, 2022 as well as other relevant laws.
But Ajayi, through his lawyer, Prof Kayode Olatoke SAN, argued that the allegation of perjury against him is unfounded and claimed that the school registrar as at the time he wrote his WAEC has sworn to an affidavit in 2006, to absolve him of the controversial error about his date of birth on his WAEC certificate.
Ajayi said the case was filed outside the time allowed under the law, that the court lacked jurisdiction to entertain the case and that it was a mere academic exercise and waste of court time.
Justice Aikawa however, dismissed the case.
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