The Supreme Court has upheld last year’s election of Lucky Orimisan Aiyedatiwa of the All Progressives Congress, APC as the Ondo State Governor.
Also, in the lead judgment delivered by Justice Garba Lawal, it dismissed the appeal filed by the Peoples Democratic Party, PDP and its Governorship candidate, Agboola Ajayi, seeking to nullify Aiyedatiwa’s victory.
Ajayi, a former Deputy Governor of the state, and his party had sought to nullify Aiyedatiwa’s election over allegations of discrepancies in his running mate Olayide Adelami’s name change and also challenged Aiyedatiwa and the APC’s legitimacy.
They had argued that Aiyedatiwa’s running mate, Adelami, who previously bore “Jackson” as his middle name while in secondary school, had changed it to “Owolabi” without proper documentation.
But the apex Court affirmed the concurrent judgments of the Federal High Court and the Court of Appeal on the matter, which had earlier upheld the respondents’ qualifications.
Both the Federal High Court and the Court of Appeal had dismissed Ajayi’s case on procedural grounds, upholding Aiyedatiwa’s victory.
Ajayi’s legal challenge, filed on June 7, 2024, claimed that Adelami’s eligibility was compromised due to alleged falsification of documents.
Meanwhile, the respondents—Aiyedatiwa, Adelami, the APC, and the Independent National Electoral Commission—contended that Ajayi lacked the locus standi to file the suit.
They also argued that the filing exceeded the 14-day window prescribed for such cases.
On December 2, 2024, the Federal High Court dismissed Ajayi’s case, ruling that criminal accusations of forgery required more substantial evidence, which could not be presented through an originating summons.
The Supreme Court, in its judgment, upholding the lower court judgments, dismissed the appellants’ suit challenging Aiyedatiwa’s qualification to run in the November 16, 2024, governorship election.
The apex court also held that the appellants lacked the legal standing (locus standi) to pursue the case.
It declared that it found no legal basis to disqualify the deputy governor based on the appellants’ claims, stating that name changes, when properly documented, do not constitute electoral fraud or grounds for disqualification.
The court further held that the case was statute-barred, upholding the decisions of the lower courts.
It emphasized that the cause of action arose on May 20, 2024, when the nomination forms were submitted to INEC, but the appellants filed their suit at the Federal High Court on June 7, 2024, well beyond the 14-day limit prescribed by law.
The Supreme Court described the petition as baseless, frivolous, and lacking in merit, declaring it “statute-barred” as it was filed after the constitutionally mandated deadline.
Consequently, it dismissed the appeal and ordered Ajayi to pay ₦2 million in costs to each of the four respondents.
The Supreme Court held that it found no legal basis to disqualify the Deputy Governor or to invalidate governor Aiyedatiwa’s election on the grounds raised by the appellants.
Besides, it held that change of names, when properly documented, do not constitute electoral fraud or a ground for disqualification.
It said there was evidence that Adelami used the name “Jackson” while he was in secondary school and subsequently changed it to “Owolabi.”
Reacting to the judgement, the Ondo State Government through the Attorney-General and Commissioner for Justice, Dr. Olukayode Ajulo, SAN, described it as “a victory for democracy and the rule of law.”
Noting that the case was not grounded in concrete evidence but technicalities, Ajulo said: “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 ruling, the Supreme Court has effectively put an end to the legal battle, reaffirming Governor Aiyedatiwa’s victory in the November 16, 2024, gubernatorial election.
“The decision solidifies the legitimacy of the APC-led government in Ondo State, closing the chapter on the prolong political legal tussle.”
