Court Reserves Judgment On Deputy Governor’s Qualification In Ondo Election
The Federal High Court sitting in Akure, Ondo State, has reserved judgment in a suit challenging the qualification of Dr. Olaiyide Adelami, Deputy Governor-elect and running mate to Governor-elect Lucky Aiyedatiwa, in the November 16 governorship election.
The suit, filed by the Peoples Democratic Party (PDP) and its governorship candidate, Hon. Agboola Ajayi, seeks to disqualify Adelami on the grounds of alleged inconsistencies in his name.
Ajayi, represented by Senior Advocate of Nigeria (SAN) M. Ndoka, argued that Adelami is known by conflicting names, including “Adelami Owolabi Jackson” and “Olaide Owolabi Adelami.”
He contended that this discrepancy renders Adelami ineligible and sought the disqualification of the All Progressives Congress (APC) from the ballot.
Six SANs appeared in court to represent various parties in the case. Dr. Remi Olatubora SAN and Idris Abubakar SAN defended Adelami, while Mr. Tayo Oyetibo SAN represented Governor-elect Aiyedatiwa.
The APC was represented by Mr. Ebun-Olu Adegboruwa SAN, and Charles Edosan SAN appeared for the Independent National Electoral Commission (INEC).
The case was initially filed in Abuja but was transferred to Ondo State due to territorial jurisdiction.
Ajayi, who came second in the governorship election, insisted that the conflicting names create irreconcilable discrepancies, warranting Adelami’s disqualification.
During the proceedings, the court heard arguments from both sides, with the defendants maintaining that the allegations lacked merit.
The presiding judge announced that judgment would be delivered on a date to be communicated to the parties.
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.
