The Court of Appeal sitting in Akure Tuesday affirmed the candidature of a former Deputy Governor of Ondo State, Chief Alfred Agboola Ajayi, as the senatorial candidate of the Peoples Democratic Party (PDP) for Ondo South senatorial district of the state.
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The appellate court presided by Justice Ayobode Olujimi Lokulo-Sodipe dismissed the appeal filed by Senator Nicholas Tofowomo against the verdict of a Federal High Court which affirmed Ajayi as the candidate of the party.
Tofowomo, who is the current senator representing Ondo South senatorial district, scored 74 votes in the primary election, while Ajayi polled 78, but displeased with the outcome of the primary, Tofowomo through his counsel, Mr Femi Emodamori, challenged the outcome of the primary election.
Tofowomo accused Ajayi of alleged act of perjury and education scandal. In a suit number: FHC/CS/AK/ 83 /2022 filed on July 5, 2022, the plaintiff prayed the court to nullify the former deputy governor’s nomination on the grounds that controversial academic records were presented by Ajayi for the election.
He said once the winner was declared as not qualified, the runner-up should be declared as winner.
However, Ajayi, through his lawyer, Prof. Kayode Olatoke (SAN), argued that the allegation of perjury against him is unfounded, claiming that the school registrar as at the time he wrote his WAEC had sworn to an affidavit in 2006, to absolve him of the controversial error about his date of birth on his WAEC certificate.
Ajayi also argued that the case was filed outside the time allowed under the law, adding that the court lacked the jurisdiction to entertain the case.
He posited that it was a mere academic exercise and waste of court’s time.
Justice Aikawa, in his verdict delivered on October, said the Supreme Court in several decided cases held that the date of occurrence is to be used to determine the status of the case and not the date the plaintiff was aware of the infraction.
He said the date of the occurrence of the cause of action was June 9, 2022 and the date the case was filed was July 5, 2022.
He held that the case, which ought to have been filed 14 days after the cause of action, was filed 26 days after.
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.
But not satisfied with the verdict, Tofowomo challenged the judgment of the court and asked the appellate court to order a retrial of the case as the merit should take pre-eminence over technicalities employed by the trial court.
The appellate court, in its verdict, dismissed the appeal of Tofowomo as the suit could not be heard on merit because the electoral act, practice direction and constitution stipulated the time within which such suit should be filed.
The court said the failure of the appellant to key into the period stipulated by the law, which was clearly 14 days after the cause of action, made the case and the appeal nugatory.
He consequently dismissed the appeal with N250.000.00 fine.
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