The governorship candidate of the Peoples Democratic Party in Ondo State, Agboola Ajayi, has vowed to appeal the Monday judgment of the Federal High Court in Akure dismissing his suit against Governor Lucky Aiyedatiwa and his deputy, Dr Olayide Adelami, over alleged use of false documents.
Speaking through the Special Adviser on Media to the Agboola Ajayi Campaign Organisation, Mr Ayo Fadaka, the governorship candidate expressed dissatisfaction with the judgment, vowing to go on appeal.
“We are going to appeal the judgment; the judge did not touch the main point of the case. She only addressed the objections of the defendants and upheld them. So, we will soon file our appeal,” Fadaka told The TheNigerian.
Ajayi, represented by his counsel, Mr. M. Ndoka (SAN), had approached the court seeking the disqualification of the All Progressives Congress from participating in the November 16 governorship election.
He argued that Adelami, the deputy governorship candidate of the APC, was ineligible.
Initially filed at the Federal High Court in Abuja, the case was transferred to the Akure Division for continuation.
The defendants in the case included Adelami (1st defendant), Aiyedatiwa (2nd defendant), the APC (3rd defendant), and the Independent National Electoral Commission (4th defendant).
In her judgment on Monday, Justice Toyin Adegoke ruled that Ajayi lacked the locus standi to challenge the candidature of Adelami and Aiyedatiwa since he did not participate in the APC primary election that produced them as candidates.
The court also held that the suit was statute-barred, noting that it was filed four days beyond the timeframe prescribed by the Electoral Act.
“The plaintiff has no legal standing to challenge the candidature of the first and second defendants in the election, as he was not a participant in their party’s primary election. Moreover, the suit was filed outside the time allowed by the law, rendering it statute-barred,” the judge stated.
When contacted, the PDP Publicity Secretary, Mr. Kennedy Peretei, said the party was awaiting the Certified True Copy of the judgment before making any further comments.
