Supreme Court nullifies Agboola Ajayi’s appeal against Gov Aiyedatiwa candidacy

The Supreme Court of Nigeria has dismissed an appeal filed by Agboola Ajayi of the Peoples Democratic Party (PDP) challenging the candidacy of Governor Lucky Aiyedatiwa of the All Progressives Congress (APC) in Ondo State.

Delivering the lead judgment, Justice Lawal Garba ruled that Ajayi’s appeal was filed outside the legally permitted timeframe and that he lacked the standing to challenge the nomination since he belonged to a different party. The court further stated that the matter was an internal affair of the APC, making the appeal unsustainable.

The apex court upheld the decisions of the lower courts, affirming that the case was statute-barred. It pointed out that the cause of action arose on May 20, 2024, when the nomination forms were submitted to the Independent National Electoral Commission (INEC). However, Ajayi only filed his suit at the Federal High Court on June 7, 2024, well beyond the 14-day deadline prescribed by law.

As a result, the Supreme Court dismissed the appeal and ordered Ajayi to pay N2 million in costs to each of the four respondents.

Ajayi had sought to nullify the election of Deputy Governor Olayide Adelami, arguing that he had changed his middle name from “Jackson” to “Owolabi” without proper documentation. He also questioned the legitimacy of Aiyedatiwa’s nomination by the APC.

However, the Supreme Court ruled that a properly documented name change does not constitute electoral fraud or grounds for disqualification.

Ajayi initially filed his case at the Federal High Court in Abuja on June 7, 2024, but the matter was later transferred to the Akure division. On December 2, 2024, Justice T.B. Adegoke dismissed the case, citing a previous ruling in APC v Obaseki. The court held that since Ajayi accused Adelami of forgery, perjury, and impersonation—criminal allegations—he should have filed the case through a writ of summons, not by originating summons.

Unhappy with the ruling, Ajayi took the case to the Court of Appeal in Akure, where Justices Oyebisi Omoleye, Hadiza Shagari, and Fadawu Umaru upheld the Federal High Court’s decision and imposed a cost of N500,000 against him.

With the Supreme Court’s latest ruling, Ajayi’s legal battle to nullify Aiyedatiwa’s candidacy has officially come to an end.