The Supreme Court will today March 11, 2025, deliver judgment on the appeal filed by Mr. Agboola Ajayi, the candidate of the Peoples Democratic Party in the Governorship election that took place in Ondo State on November 16, 2024. The Court Registry sent out notices to lawyers yesterday to appear in court today for the judgment after taking arguments from counsel to the parties on February 25, 2025. Listed as respondents in the appeal are the Governor of Ondo State, Lucky Orimisan Aiyedatiwa, the Deputy Governor, Olayide Owolabi Adelami, the All Progressives Congress and the Independent National Electoral Commission, INEC. At the hearing of the appeal, Mr. Ahmed Raji, SAN led Emeka Etiaba, SAN and I.M. Dikko, SAN for Agboola Ajayi and the Peoples Democratic Party while Chief Wole Olanipekun, SAN led Dr. Remi Olatubora, SAN for the Deputy Governor. Chief Adegboyega Awomolo, SAN led Ebun-Olu Adegboruwa, SAN for All Progressives Congress, Chief Charles Uwensuyi-Edosomwan, SAN appeared for INEC and Mr. Tayo Oyetibo, SAN appeared for Governor Aiyedatiwa. Agboola Ajayi filed the appeal following the concurrent dismissal of his case by the Federal High Court and the Court of Appeal. Aiyedatiwa roundly defeated Ajayi in the November 16, 2024 governorship election with a wide margin in all the local government areas of the State.

Agboola Ajayi filed the case at the Federal High Court, Abuja on 7th June 2024, challenging the nomination of the Govenor Aiyedatiwa on the technical ground of alleged disqualification of his Deputy. Upon the petition of the defendants, the case was transferred to the Akure judicial division of the Court by the Chief Judge. At the trial Court, the defendants raised different notices of preliminary objection to the plaintiff's case, contending that Agboola lacked the requisite locus standi to institute and prosecute the case not being a member of the All Progressives Congress that organized the primary election that produced Governor Aiyedatiwa and his Deputy. The Defendants also contended that the case was statute barred as it was not filed within fourteen days of the cause of action being the date of submission of the names of the Governor and his Deputy to INEC. Fundamentally, the Defendants challenged the competence of the case of Agboola, who alleged forgery, impersonation and false identity against the Deputy Governor in his suit which he commenced by Originating Summons, without producing the names and particulars of the person allegedly impersonated or the owner of the certificate that was allegedly forged.

The Federal High Court dismissed the case in the judgment delivered by Justice T.B. Adegoke on December 2, 2024. The trial Court relied on the case of APC v Obaseki to hold that since the plaintiff (Agboola) made criminal allegations of forgery, perjury and impersonation against the Deputy Governor, he should have commenced the suit by way of writ of summons, so that he would call witnesses to prove these weighty allegations by furnishing the original certificates that were said to have been forged. The trial Court also held that Agboola should have produced evidence from the primary institutions that issued the certificates disowning them. The trial Court held further that under and by virtue of section 285 (9) of the Constitution and section 29 (5) of the Electoral Act, 2022, the cause of action crystallized on May 20, 2024 when Form EC9 containing the personal particulars of the Deputy-Governor were submitted to INEC, whereas the case was filed on June 7, 2024, outside the 14 days window allowed by the Constitution and the Electoral Act.

Being dissatisfied with the judgment of the Federal High Court, Agboola Ajayi appealed against it to the Court of Appeal, Akure Division, through a Notice of Appeal filed on December 13, 2024. In a unanimous judgment delivered by Honourable Justices Oyebisi Omoleye, Hadiza Shagari and Fadawu Umaru, the Court of Appeal dismissed the appeal and upheld the findings and decisions of the Federal High Court with an award of N500,000:00 costs against the appellant. The appellant appealed further to the Supreme Court, which took arguments from counsel to the parties on February 25, 2025 and reserved its judgment till today, March 11, 2025.

News Express reports that the governorship election took place in Ondo State on November 16, 2024, in which Lucky Orimisan Aiyedatiwa of the All Progressives Congress defeated all other aspirants, including Agboola Ajayi of the Peoples Democratic Party, with a very wide margin. In the said election, Aiyedatiwa scored 366,781 votes winning in all the eighteen local government areas of the State, while Agboola Ajayi scored a distant 117,845 votes. The people of Ondo State and indeed Nigeria, eagerly await the judgment of the Supreme Court on the concurrent findings and decisions of the Federal High Court and the Court of Appeal.

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