Court Affirms Agboola Ajayi As PDP’s Candidate For Ondo South Senatorial District Ahead Of 2023 General Elections
The Federal High Court sitting in Akure has dismissed a suit, marked FHC/AK/CS/83/2022, filed by the Senator representing Ondo South Senatorial District, Senator Nicholas Tofowomo against the PDP candidate for Ondo South Senatorial District in the 2023 General Elections and former Deputy Governor of Ondo State, His Excellency Chief Alfred Agboola Ajayi for being filed out of time.
Senator Nicholas Tofowomo through his lawyer, Femi Emmanuel Emadamori had instituted a case on 5th July, 2022, challenging the outcome of the PDP’s primary held on 23rd May, 2022, asking the court to disqualify Agboola Ajayi as the party’s candidate. Agboola Ajayi had scored 78 votes against Senator Nicholas who polled 74.
Agboola Ajayi’s legal team led by Professor Kayode Olatoke SAN however filed a preliminary objection through motion on notice, arguing that the case was statute barred since it was filed out of the statutory 14 days as provided for by the constitution.
The presiding judge, Justice R. M. Aikawa in a judgement delivered on 17th October virtually held that the matter was statute barred having been filed 26 days after the occurrence of the cause of action. He therefore dismissed the case and affirmed the candidacy of Agboola Ajayi as the validly elected candidate of the party ahead of the National Assembly election scheduled for February, 2023.
