Former Ondo Deputy Governor Chief Agboola Ajayi has been affirmed as the candidate of the People’s Democratic Party (PDP) for Ondo South senatorial district by the Court of Appeal sitting in Akure
The court threw out the appeal filed by Senator Nicholas Tofowomo. who had appealed a judgement of a Federal High Court which dismissed his suit for failure to file within the stipulated time.
Ajayi polled 78 votes to defeat Senator Tofowomo who garnered 74 votes at the PDP primary
But Tofowomo, in his suit, urged the court to declare him as the party’s candidate on the grounds that Ajayi committed acts of perjury.
But Ajayi, through his lawyer, Prof Kayode Olatoke SAN argued that the allegation of perjury against him was unfounded and argued that the case was filed outside the time allowed by law.
Justice Rilwanu Aikawa of the Federal High Court, Akure, who dismissed Tofowomo’s suit for being filed out of time said the suit was statue barred.
Dissatisfied with the ruling, Senator Tofowomo, asked the appellate court to order for retrial of the case saying the merit should take preeminence instead of technicalities employed by the lower court.
In his ruling on the appeal filed by Senator Tofowomo, Justice Ayobode Olujimi Lokulo-Sodipe, affirmed the judgment of the lower court.
Justice Ayobode stated that the suit could not be heard on merit because the electoral act, practice direction and constitution stipulated the time within which such a suit should be filed.
The appellate court held that the failure of the Tofowomo to key into the period stipulated by the law, which was clearly 14 days after the cause of action made the case and the appeal nugatory.
He dismissed the appeal with N250, 000 fine against Tofowomo.
