The Supreme Court on Tuesday upheld the election of Lucky Aiyedatiwa of the All Progressives Congress (APC) as the governor of Ondo State.
In a judgment delivered by Justice Garba Lawal, the apex court dismissed the appeal filed by the Peoples Democratic Party (PDP) and its governorship candidate, Agboola Ajayi, which sought to annul Aiyedatiwa’s victory.
The appellants argued that Aiyedatiwa’s election should be voided over alleged discrepancies in the name change of his running mate, Olayide Adelami, and questioned both Aiyedatiwa’s and the APC’s legitimacy. Specifically, they contended that Adelami had changed his middle name from “Jackson” to “Owolabi” without proper documentation, which they claimed could affect his eligibility.
However, the Supreme Court upheld the concurrent rulings of both the Federal High Court and the Court of Appeal, which had earlier affirmed the qualifications of the respondents. Both lower courts dismissed Ajayi’s claims on procedural grounds, further solidifying Aiyedatiwa’s electoral victory.
Ajayi’s legal challenge, filed on June 7, 2024, alleged that Adelami’s name change amounted to falsification of documents, thus invalidating his candidacy. In response, the respondents—Aiyedatiwa, Adelami, the APC, and the Independent National Electoral Commission (INEC)—contended that Ajayi lacked the locus standi to bring the case. They also pointed out that the challenge had been filed beyond the 14-day deadline set by law for such election disputes.
On December 2, 2024, the Federal High Court dismissed Ajayi’s case, ruling that accusations of forgery required more substantial evidence than could be presented through an originating summons. The Court of Appeal similarly upheld this decision.
The Supreme Court, affirming the judgments of the lower courts, dismissed the appeal, finding no legal grounds to disqualify Aiyedatiwa or his running mate. The Court ruled that a name change, when properly documented, does not constitute electoral fraud or grounds for disqualification.
The Court also noted that the appellants’ suit was “statute-barred” because it was filed well beyond the 14-day period prescribed by law. The cause of action, the Court stated, arose on May 20, 2024, when the nomination forms were submitted to INEC, but the suit was not filed until June 7, 2024.
In conclusion, the Supreme Court deemed the petition “baseless, frivolous, and lacking in merit,” and dismissed it in its entirety. The Court also ordered Ajayi to pay ₦2 million in costs to each of the four respondents.
