The Federal High Court sitting in Akure, Ondo state, has reserved judgment in a case filed by the lawmaker representing Ondo South senatorial district, Senator Nicholas Tofowomo, against the former deputy governor of the state, Agboola Ajayi, over an alleged act of perjury and education scandal.
Tofowomo who contested the Peoples Democratic Party (PDP) primary with Ajayi has approached the Court seeking the disqualification of Ajayi as the party’s candidate for the February 2023 election over an alleged act of perjury.
Tofowomo, in a suit number: FHC/CS/AK/ 83 /2022 filed on Tuesday, July 5, 2022, 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, who came second in the PDP primary, 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.
However, when the case came up for hearing on Tuesday, there was a mild drama in court when Tofowomo’s counsel, Mr Femi Emodamori, drew the attention of the court to a further counter affidavit submitted to discredit an affidavit of evidence pleaded by Ajayi’s lawyer, Prof Kayode Olatoke, to defend the allegation of perjury against his client.
But Ajayi, through his lawyer, had argued that the allegation of perjury against him is unfounded.
He claimed that the school registrar 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.
According to Ajayi’s lawyer, the school registrar admitted to filing the WAEC form on behalf of Ajayi with an affidavit to prove it.
But in his reaction to discredit the claim, Tofowomo, through his lawyer drew the attention of the court to a fresh affidavit deposed to by the said school registrar who debunked Ajayi’s claims and denied knowledge or existence of any such affidavit done by him in 2006.
Meanwhile, after hearing the arguments of all the parties through their lawyers, the presiding judge, Hon. Justice R.M Alkawa reserved the judgement and fixed August 30, 2022, for judgement.
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Federal High Court reserves judgement over perjury suit against former Ondo deputy governor, Ajayi