The Supreme Court has dismissed the appeal brought before it by the Peoples Democratic Party, PDP, and its governorship candidate, Agboola Ajayi, challenging the qualification of Ondo State Governor Lucky Orimisan Aiyedatiwa, to contest the November 16, 2024, governorship election.
The apex court on Tuesday threw out the appeal for being baseless, frivolous and lacking in merit.
In the lead judgment delivered by Justice Garba Lawal, the concurrent judgments of the Federal High Court and the Court of Appeal on the disputed qualifications were upheld in dismissing the matter.
Ajayi had sought to nullify Aiyedatiwa’s victory, accusing the governor’s deputy, Olayide Owolabi Adelami of forgery, impersonation, and using a false identity.
However, both the Federal High Court and the Court of Appeal dismissed Ajayi’s case on procedural grounds, upholding Aiyedatiwa’s win.
Ajayi’s legal challenge, filed on June 7, 2024, claimed that Adelami’s eligibility was compromised due to the alleged falsification of documents.
In the initial proceedings, the defendants, including Aiyedatiwa, Adelami, the APC, and INEC, argued that Ajayi lacked the legal standing to bring the suit and that the filing exceeded the 14-day window for such cases.
On December 2, 2024, the Federal High Court dismissed Ajayi’s case, ruling that the criminal accusations of forgery required more substantial evidence, which could not be presented through an originating summons.
The court also deemed the petition “statute-barred” as it was filed after the constitutionally mandated deadline.
This decision was unanimously upheld by the Court of Appeal on January 18, 2025, with a N500,000 fine imposed on Ajayi.
The latest apex court verdict has put to rest the long drawn legal battle over the Ondo State governorship poll.
In the judgment delivered on Tuesday, the Supreme Court ruled against the two appellants on the issue of locus standi, stating that they lacked the legal standing to pursue the case, rendering the appeal unsustainable.
Besides, the apex court affirmed that the case from onset, was statute-barred, upholding the decisions of the lower courts.
Justice Lawal emphasised that the cause of action arose on May 20, 2024, when the nomination forms were submitted to INEC, while the PDP and Ajayi filed their suit at the Federal High Court on June 7, 2024, well beyond the 14-day limit prescribed by law.
Ajayi had sought to nullify the election of Deputy Governor, Dr. Olayide Owolabi Adelami, over allegations of discrepancies in his name change, as well as challenging the legitimacy of Governor Lucky Aiyedatiwa and the All Progressives Congress in the case.
Ajayi’s argument centered on the claim that Adelami, who previously had “Jackson” as his middle name while in secondary school, had changed it to “Owolabi” without proper documentation.
However, the Supreme Court found no legal basis to disqualify the deputy governor on the grounds, emphasizing that name changes, when properly documented, do not constitute electoral fraud or cause for disqualification.
Consequently, the appeal was dismissed, with the Supreme Court ordering PDP and Ajayi to pay N2 million in costs to each of the four respondents.
Reacting to the judgment, the Attorney General and Commissioner for Justice of Ondo State, Dr. Olukayode Ajulo, SAN, said it was “a victory for democracy, the rule of law, and the good people of Ondo State”.
He emphasised that electoral disputes should be grounded in concrete evidence rather than technicalities that do not affect the credibility of an election.
Ajulo likened Aiyedatiwa’s triumph to a testament of perseverance and divine vindication, stating that “just as truth always prevails over falsehood, justice has now been served”.
He commended the governor for his unwavering focus on governance despite distractions and reaffirmed the administration’s commitment to the continued development of Ondo State.
“This is also a vindication and affirmation of the just ruling of the Federal High Court, Akure by Justice Oluwatoyin Adegoke, the verdict of the Court of Appeal, Akure, presided over by Hon. Justice Oyebisi Omoleye, Hon. Justice Hadiza Shagari and Justice Fadawu Umaru.
“The Justices demonstrated professionalism and integrity in their judgments and it is now affirmed by the Supreme Court.
“I salute the Justices and commend the brilliant legal minds who stood firmly in defense of truth and justice.
“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 judgment, the Supreme Court has effectively put an end to the legal battle, reaffirming Governor Aiyedatiwa’s victory in the November 16, 2024, gubernatorial election,” Ajulo said.
