The Federal High Court in Akure on Monday upheld the candidacy of Agboola Ajayi as the senatorial candidate of the Peoples Democratic Party (PDP) for Ondo South. 

The court subsequently struck out the suit filed by the incumbent senator from the senatorial district, Nicholas Tofowomo, to challenge the primary election. 

Mr Ajayi had defeated Mr Tofowomo in the opposition party’s primary election held on May 24, to clinch the ticket ahead of the 2023 general elections. 

According to the committee that conducted the party’s primary election, Mr Ajayi scored 78 votes to defeat Mr Tofowomo, who scored 74 votes.

However, in July, Mr Tofowomo dragged Mr Ajayi to court, saying the latter did not meet the constitutional requirements for contesting the 2023 general election.

In suit number: FHC/CS/AK/83/2022, the plaintiff through his legal counsel, Femi Emodamori, prayed the court to nullify Mr Ajayi’s nomination on the grounds that controversial academic records were presented by Mr Ajayi for the election.

He also alleged that Mr Ajayi lied on oath in his form, which he submitted to the Independent National Electoral Commission (INEC) for clearance for the poll.

Mr Tofowomo backed his argument with a legal provision as contained in the interpretation and application of Section 66(1)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Section 29(5) & (6) of the Electoral Act, 2022 as well as other relevant laws.

However, Mr Ajayi, through his lawyer, Kayode Olatoke, argued that the allegation of perjury against him was unfounded. 

He claimed that the school registrar at the time he wrote his West African Examination Council (WAEC) had sworn an affidavit in 2006 absolving him of the controversial error about his date of birth on his exam certificate. 

The defendant told the court that the case was filed outside the time allowed under the law.

He added that the court lacked jurisdiction to entertain the case and that it was a mere academic exercise and a waste of court time.

But delivering his judgement in the case on Monday, Justice Rilwanu Aikawa described the suit as “statute barred”, saying the case was filed outside the time provided under the law. 

Mr Aikawa said the date of the occurrence of the cause of action was June 9, 2022, adding that the date the case was filed by Mr Tofowomo was July 5, 2022. 

He held that the case which was supposed to be filed in 14 days was filed 26 after the cause of action.

The judge held that the case would not be heard on merit since it was filed outside the time allowed under the 1999 Constitution and the amended Electoral Act. He immediately struck out the case. 

Mr Ajayi had recently joined the PDP from the Zenith Labour Party (ZLP) where he was the candidate of the party in the 2020 governorship election in Ondo.

A former House of Representatives member between 2007 and 2011, Mr Ajayi was the chairperson of the House Committee on the Niger Delta Development Commission (NDDC).