Supreme Court dismisses PDP, Ajayi’s bid to nullify Aiyedatiwa’s election

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The Supreme Court rejected the petition that the Peoples Democratic Party (PDP) and its candidate for governor, Agboola Ajayi, filed contesting Ondo State Governor Lucky Orimisan Aiyedatiwa’s eligibility to run in the November 16, 2024, gubernatorial election.

The appeal was dismissed by the Supreme Court on Tuesday due to its lack of substance, frivolity, and lack of foundation.

Justice Garba Lawal’s lead ruling dismissed the case, upholding the concurrent rulings of the Federal High Court and the Court of Appeal regarding the contested credentials.

By accusing Olayide Owolabi Adelami, the governor’s deputy, of forgery, impersonation, and using a fictitious name, Ajayi attempted to void Aiyedatiwa’s victory.

However, Aiyedatiwa’s victory was upheld when the Federal High Court and the Court of Appeal both rejected Ajayi’s case on procedural grounds.

According to Ajayi’s June 7, 2024, judicial challenge, Adelami’s eligibility was jeopardized because of alleged document fraud.

Aiyedatiwa, Adelami, the APC, and INEC were among the defendants who contended in the initial proceedings that Ajayi lacked the legal capacity to file the lawsuit and that the filing was made after the 14-day timeframe for such lawsuits.

The Federal High Court dismissed Ajayi’s case on December 2, 2024, stating that more substantial evidence was needed to support the criminal charges of forgery, and that proof could not be provided through an initial summons.

Additionally, because the petition was submitted beyond the deadline stipulated by the constitution, the court determined that it was “statute-barred.”

On January 18, 2025, the Court of Appeal unanimously supported this ruling, and Ajayi was fined N500,000.

The protracted legal dispute over the Ondo State governorship election has been resolved by the most recent ruling from the highest court.

The Supreme Court decided against the two appellants on locus standi in its Tuesday ruling, finding that they lacked the legal right to prosecute the matter and that the appeal was therefore unsustainable.

Additionally, the Supreme Court upheld the lower courts’ rulings by affirming that the lawsuit was statute-barred from the beginning.

Justice Lawal emphasized that the PDP and Ajayi filed their lawsuit in the Federal High Court on June 7, 2024, much past the 14-day legal deadline, but the cause of action began on May 20, 2024, when the nomination forms were turned in to INEC.

In addition to contesting the legality of Governor Lucky Aiyedatiwa and the All Progressives Congress, Ajayi has attempted to void the election of Deputy Governor Dr. Olayide Owolabi Adelami due to claims of inconsistencies in his name change.

The main thrust of Ajayi’s argument was that Adelami, who had gone by “Jackson” as his middle name in secondary school, had changed it to “Owolabi” without the required paperwork.

The Supreme Court, however, emphasized that name changes, when fully documented, do not amount to electoral fraud or be grounds for disqualification, and thus found no legal basis to disqualify the deputy governor on the grounds.

The Supreme Court dismissed the appeal as a result, and PDP and Ajayi were ordered to reimburse each of the four respondents N2 million in expenses.

Ondo State’s Attorney General and Commissioner for Justice, Dr. Olukayode Ajulo, SAN, responded to the ruling by calling it “a victory for democracy, the rule of law, and the good people of Ondo State.”

He emphasized that rather than relying on technicalities that have no bearing on an election’s legitimacy, electoral disputes had to be supported by verifiable facts.

“Just as truth always prevails over falsehood, justice has now been served,” Ajulo said, comparing Aiyedatiwa’s victory to a demonstration of tenacity and divine vindication.

He reiterated the administration’s dedication to the ongoing development of Ondo State and praised the governor for maintaining his focus on governance in the face of distractions.

“This is also a vindication and affirmation of the just ruling of the Federal High Court, Akure by Justice Oluwatoyin Adegoke, the verdict of the Court of Appeal, Akure, presided over by Hon. Justice Oyebisi Omoleye, Hon. Justice Hadiza Shagari and Justice Fadawu Umaru.

“The Justices demonstrated professionalism and integrity in their judgments and it is now affirmed by the Supreme Court.

“I salute the Justices and commend the brilliant legal minds who stood firmly in defense of truth and justice.

“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 judgment, the Supreme Court has effectively put an end to the legal battle, reaffirming Governor Aiyedatiwa’s victory in the November 16, 2024, gubernatorial election,” Ajulo said.

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