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March 11, 2025 Supreme Court Upholds Aiyedatiwa’s Candidacy, Dismisses Agboola Ajayi’s Appeal

The Supreme Court of Nigeria has thrown out an appeal brought by Agboola Ajayi, the Peoples Democratic Party (PDP) candidate in Ondo State, challenging the candidacy of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC). In a lead judgment delivered by Justice Lawal Garba, the apex court ruled that Ajayi’s appeal was both untimely and lacked legal standing, as it involved the internal affairs of the APC, a rival party.

The court determined that Ajayi, as a member of the PDP, had no locus standi to contest the APC’s nomination process, rendering his case unsustainable. Additionally, the Supreme Court affirmed that the appeal was statute-barred, aligning with the rulings of the lower courts. The justices noted that the cause of action began on May 20, 2024, when nomination forms were submitted to the Independent National Electoral Commission (INEC), but Ajayi filed his suit on June 7, 2024—beyond the 14-day legal window. Consequently, the appeal was dismissed, and Ajayi was ordered to pay ₦2 million in costs to each of the four respondents.

Ajayi’s legal challenge aimed to invalidate Aiyedatiwa’s candidacy and the election of Deputy Governor Olayide Adelami, citing alleged irregularities in Adelami’s name change—from “Jackson” in secondary school to “Owolabi”—claiming it lacked proper documentation. He accused Adelami of forgery, perjury, and impersonation. However, the Supreme Court rejected these claims, ruling that a documented name change does not equate to electoral fraud or grounds for disqualification.

The case originated at the Federal High Court in Abuja on June 7, 2024, but was transferred to the Akure division at the defendants’ request. On December 2, 2024, Justice T.B. Adegoke dismissed the suit, citing the precedent in APC v. Obaseki and noting that criminal allegations like forgery required a writ of summons, not the originating summons Ajayi used. Unhappy with the ruling, Ajayi appealed to the Court of Appeal in Akure on December 13, 2024. The appellate court, in a unanimous decision by Justices Oyebisi Omoleye, Hadiza Shagari, and Fadawu Umaru, upheld the lower court’s findings and imposed ₦500,000 in costs against Ajayi.

With the Supreme Court’s final dismissal, Aiyedatiwa’s candidacy remains secure, ending Ajayi’s bid to upend the APC’s victory in Ondo State.

 

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