The Senator representing Ondo South senatorial district has lost his bid to disqualify Hon Agboola Ajayi as the candidate of the party for next year’s general elections.
Justice Rilwanu Aikawa of the Federal High Court, Akure, dismissed Tofowomo’s suit saying it was filed outside the time allowed under 1999 constitution and the amended Electoral Act.
Delivering judgement via the internet, Justice Aikawa said the suit filed by Tofowomo was statue barred.
Tofowomo polled 74 votes at the PDP primary while Ajayi scored 78 votes.
Tofowomo had alleged in the suit that Ajayi committed perjury and was involved in education scandal.
He prayed the court to disqualify Ajayi for lying on oath in the form he submitted to the Independent National Electoral Commission (INEC) for clearance for the poll.
Tofowomo stated that Ajayi 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 1999 Constitution and Section 29(5) & (6) of the Electoral Act, 2022 as well as other relevant laws.
Counsel to Ajayi, Prof Kayode Olatoke, argued that the allegation of perjury against him was unfounded and claimed that the school Registrar as at the time he wrote his WAEC swore to an affidavit in 2006, to absolve him of the controversial error about his date of birth on his WAEC certificate.
Ajayi argued that the case was filed outside the time allowed under the law.
Justice Aikawa held that the date of occurrence was to be used to determine the status of the case and not the date the plaintiff was aware of the case
He said the case was supposed to be filed 14 days after the primary but was filed after 26 days.
Justice Aikawa held that the case would not be heard on merit since it was filed outside the time allowed under the 1999 constitution and the amended Electoral Act.
He consequently dismissed the case.
The Nation
