By Our Reporter
The Supreme Court, on Tuesday, declined to nullify the election of Governor Lucky Aiyedatiwa of Ondo State.The apex court, in a unanimous decision decision by a five-member panel, dismissed as lacking in merit, an appeal that was lodged by candidate of the Peoples Democratic Party, PDP, in the governorship election that held in the state on November 16, 2024, Mr. Agboola Ajayi.
The Appellant, who is a former deputy governor in the state, had approached the court to challenge governor Aiyedatiwa’s eligibility to participating in the election.
He alleged that the governor’s running mate and current deputy gpovernor of the state, Dr. Olayide Owolabi, submitted falsified documents to the Independent National Electoral Commission, INEC, in aid of his qualification to contest the election.Specifically, he alleged that there were discrepancies in the documents, noting that certificates the deputy governor tendered to the electoral body, bore different names.
He stressed that while some of the documents submitted by governor Aiyedatiwa’s running mate, had “Jackson” as his middle name, others bore the name “Owolabi.”
It was the contention of the Appellant that there was no proper documentation to establish that the Ondo state deputy had a change of name at any point in his life.
However, the Supreme Court, in its lead judgement that was delivered on Tuesday by Justice Garba Lawal, threw out the appeal as baseless, frivolous and lacking in merit.
The apex court held that it found no legal basis to disqualify the deputy governor or to invalidate governor Aiyedatiwa’s election on the grounds that were raised by the Appellant.
It held that change of names, when properly documented, do not constitute electoral fraud or a ground for disqualification.The apex court said there was evidence that the deputy governor used the name “Jackson” while he was in secondary school and subsequently changed it to “Owolabi.”
More so, the court held that the Appellant lacked the locus standi (legal right) to institute the legal action which it held was already statute-barred.
According to the apex court, whereas the cause of action arose on May 20, 2024, when the nomination forms were submitted to INEC, the Appellant filed the suit at the Federal High Court on June 7, 2024, a period that was beyond the 14-day limit prescribed by law. The Supreme Court held that it found no reason to set-aside the current verdicts of the Court of Appeal and the High Court, which earlier dismissed the case.
Consequently, it equally dismissed the appeal with a cost of N2million against the Appellant and in favour of each of the four Respondents in the matter.
Meanwhile, reacting to the judgement, the Attorney-General and Commissioner for Justice in Ondo State, Dr. Olukayode Ajulo, SAN, described it as “a victory for democracy and the rule of law.”
Insisting that the case was not grounded in concrete evidence but technicalities, Dr. Ajulo, SAN, said: “As I have stated previously, the courtroom is a battleground for legal reasoning, and every advocate who argues a case contributes to strengthening our democracy.
“Justice is best served when all sides are heard, and I deeply respect their dedication to upholding the sanctity of the legal process.
“With this ruling, the Supreme Court has effectively put an end to the legal battle, reaffirming Governor Aiyedatiwa’s victory in the November 16, 2024, gubernatorial election.
“The decision solidifies the legitimacy of the APC-led government in Ondo State, closing the chapter on the prolong poltical legal tussle,” he added.