The Supreme Court, on Tuesday, declined to nullify the election of Governor Lucky Aiyedatiwa of Ondo State, dismissing an appeal filed by the Peoples Democratic Party candidate, Mr. Agboola Ajayi, as lacking in merit.
The apex court, in a unanimous decision by a five-member panel, upheld Aiyedatiwa’s victory in the November 16, 2024, governorship election.
Ajayi, a former deputy governor of the state, had approached the court to challenge Governor Aiyedatiwa’s eligibility, alleging that the governor’s running mate and current deputy governor, Dr. Olayide Owolabi, submitted falsified documents to the Independent National Electoral Commission (INEC) to qualify for the election. Specifically, Ajayi claimed there were discrepancies in the documents, noting that some certificates bore the name “Jackson” as Owolabi’s middle name, while others used “Owolabi.” He argued that there was no proper documentation to establish that the deputy governor had legally changed his name.
However, the Supreme Court, in its lead judgment delivered by Justice Garba Lawal, dismissed the appeal as baseless, frivolous, and lacking in merit. The court held that there was no legal basis to disqualify the deputy governor or invalidate Governor Aiyedatiwa’s election based on the grounds raised by the Appellant. The apex court noted that a change of name, when properly documented, does not constitute electoral fraud or a ground for disqualification. It further stated that there was evidence showing that the deputy governor used the name “Jackson” during his secondary school years and later changed it to “Owolabi.”
Additionally, the Supreme Court ruled that the Appellant lacked the locus standi (legal right) to institute the action, as the suit was filed outside the 14-day statutory limit prescribed by law. The court noted that the cause of action arose on May 20, 2024, when the nomination forms were submitted to INEC, but the Appellant filed the suit at the Federal High Court on June 7, 2024, making it statute-barred. The apex court found no reason to overturn the earlier verdicts of the Court of Appeal and the High Court, which had also dismissed the case.
Consequently, the Supreme Court dismissed the appeal and imposed a cost of N2 million against the Appellant in favor of each of the four Respondents in the matter.
Reacting to the judgment, the Attorney-General and Commissioner for Justice in Ondo State, Dr. Olukayode Ajulo, SAN, described the ruling as “a victory for democracy and the rule of law.” He insisted that the case was not grounded in concrete evidence but rather on technicalities.
Dr. Ajulo stated, “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 prolonged political legal tussle.”
