The Supreme Court on Friday affirmed former Deputy Governor of Ondo, Hon. Agboola Ajayi, as the duly nominated candidate of the Peoples Democratic Party (PDP) for Ondo Central Senatorial District in the 2023 general elections.
Dismissing the appeal filed by the Senator representing Ondo South Senatorial District, Nicholas Tofowomo against the former Deputy Governor, on the basis that the case is statute-barred and that the cause of action has been overtaken by event.
The Supreme Court, in a unanimous judgement delivered by Honourable Justice Emmanuel Akomaye Agim, the Supreme Court dismissed the appeal filed by Tofowomo against the Judgment of the Court of Appeal, Akure Judicial Division
The Court of Appeal had upheld the decision of the lower court that affirmed the candidature of Agboola as the candidate of the party for Ondo South senatorial district.
The Appellate Court presided by Justice Ayobode Olujimi Lokulo-Sodipe dismissed the appeal filed by Tofowomo against the verdict of the Federal High Court that affirmed Ajayi as the candidate of the party for failure to file within the time stipulated by the law.
Lokulo-Sodipe in his verdict affirmed the judgment of Justice Rilwanu Aikawa of the Federal High Court that dismissed the suit filed by Tofowomo challenging the emergence of Ajayi as the candidate of the PDP.
Tofowomo who scored 74 in the primary election has dragged Ajayi who polled 78 votes to Court to challenge the qualification of Ajayi in the contest.
The Court of Appeal held that by Exhibit FEE2 attached to the Appellant’s affidavit at the trial court, the Plaintiff/Appellant’s time began to run from the June 9 2022, or June, 13 2022 based on Exhibits AA4 and PDP3 when the acts complained of by the Appellant against the 1st Respondent occurred or took place and as such the case of the appellant is statute-barred having filed the case on the 5th of July, 2022, that is 27 or 23 days after the alleged occurrence of the act complained of and 13 or 10 days after the expiration of the constitutional allowance of 14 days
The Appeal Court, however, affirmed the Judgment of the trial court dismissing the Appellant’s case for being statute barred.
Dissatisfied by the decision of the Court of Appeal dismissing his appeal against Agboola Ajayi, the Senator appealed to the Supreme Court in a suit number
However, in a unanimous judgement delivered by Justice Emmanuel Akomaye Agim, the Supreme Court dismissed the appeal on the basis that the case is statute-barred.
The Supreme Court noted the cause of action accrued on the date the form was submitted to the Independent National Electoral Commission (INEC) and fined Senator Nicholas Tofowomo N500,000.
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