The Senator representing Ondo South senatorial district, Nicholas Tofowomo, has dragged a former Deputy Governor of the state, Agboola Ajayi, to a Federal High Court sitting in Akure.
Tofowoma is seeking the disqualification of Agboola Ajayi as the 2023 senatorial candidate of the Peoples Democratic Party (PDP) over his alleged controversial academic records.
Ajayi was joined in the suit as first defendant, while the PDP and the Independent National Electoral Commission (INEC) were second and third defendants respectively.
In the suit number: FHC/CS/AK/ 83 /2022 filed by Tofowomo, who came second in the PDP senatorial primary, he alleged that 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 Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 29(5) & (6) of the Electoral Act, 2022 as well as other relevant laws.
Tofowomo, through his lawyer, Mr Femi Emodamori, claimed that the court should determine if together with the totality of the facts before the Court, the 1st Defendant (Agboola) did not present false information and/or forged certificate(s) in his INEC Form EC9 and the other documents attached thereto, which he submitted to the 3rd Defendant (INEC) as the candidate of the 2nd Defendant for Ondo South Senatorial District in the 2023 general election.
The suit read: “I verily believe that the 1st Defendant (Agboola) lied and/or swore to a false information, when he stated in Exhibit FEE4 (the Affidavit For Correction of Date of Birth,which he submitted to the 3rd Defendant) that he was issued the 2004 WASSC (Exhibit FEE3) No. NGWASSCS 5529745 and claimed ‘that in the said Certificate my date of birth was mistakenly printed as December 8, 1980 instead of 24th September 1968.”
The Senator also stated that, “Whether, having regard to Section 29 (6) of the Electoral Act, 2022, the 1st Defendant (Agboola) should be disqualified as the candidate of the 2nd Defendant (PDP) for Ondo South Senatorial District in the 2023 general election.
He urged the court to make, “a declaration that, having regard to S.66(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), S.29(5) of the Electoral Act, 2022 and judicial authorities which include the Supreme Court decisions in MODIBBO V USMAN (2020) 3 NWLR (PT. 1712) 470 and PDP V. DEGI-EREMIENYO (2021) 9 NWLR (PT. 1781) 274.
An Order of this Honourable Court disqualifying the 1st defendant as the candidate of the 2nd defendant for Ondo South Senatorial District in the 2023 General Election.
“An Order of this Honourable Court declaring the Plaintiff, having scored the 2nd highest number of votes in the 2nd Defendant’s Primary Election for Ondo South Senatorial District held on 23rd May, 2023, as the candidate of the 2nd Defendant for the said Senatorial District in the 2023 General Election.
An order of this Honourable Court directing the 2nd and 3rd Defendants to substitute the Plaintiff for the 1st Defendant as the candidate of the 2nd Defendant for Ondo South Senatorial District in the 2023 General Elections,” Tofowomo prayed the court.
