The Senator representing Ondo South senatorial district, Nicholas Tofowomo, has sued a former Deputy Governor of Ondo State, Agboola Ajayi, at the Federal High Court, Akure over his victory in the PDP primary election ahead the 2023 polls.
Tofowomo sought Ajayi’s disqualification as the 2023 senatorial candidate of the Peoples Democratic Party (PDP) for the district over his alleged controversial academic records.
Ajayi is joined in the suit as first defendant, while the PDP and Independent National Electoral Commission (INEC) are second and third defendants respectively.
In a suit marked FHC/CS/AK/ 83 /2022, Senator Tofowomo, who came second in the PDP primary, said Agboola did not meet the constitutional requirements for contesting the 2023 general election as contained in the interpretation and application of Section 66 (1) (i) of the 1999 Constitution and Section 29(5) & (6) of the Electoral Act, 2022 as well as other relevant laws.
Tofowomo, through his counsel, Mr Femi Emodamori, urged the court to determine if together with the totality of the facts before the court, the 1st defendant (Agboola) did not present false information and/or forged certificate(s) in his INEC Form EC9 and the other documents attached thereto, which he submitted to the 3rd defendant (INEC) for Ondo South Senatorial District in the 2023 general election.
“I verily believe that the 1st defendant lied and/or swore to a false information when he stated in Exhibit Fee 4 (the Affidavit For Correction of Date of Birth, which he submitted to the 3rd Defendant) that he was issued the 2004 WASSC (Exhibit Fee 3) No. NGWASSCS 5529745 and claimed “that in the said certificate my date of birth was mistakenly printed as December 8, 1980 instead of 24th September 1968.”
The Senator also stated that having regard to Section 29 (6) of the Electoral Act, 2022, the 1st defendant should be disqualified as the candidate of the 2nd defendant.
“A declaration that having regard to S.66 (1)(i) of the 1999 Constitution, S.29 (5) of the Electoral Act, 2022 and judicial authorities, which include the Supreme Court decisions in Modibbo v Usman (2020) 3 NWLR (PT. 1712) 470 and PDP v. Degi-Eremienyo (2021) 9 NWLR (PT. 1781) 274, an order of this court, disqualifying the 1st defendant as the candidate of the 2nd defendant.
“An order of court declaring that the plaintiff, having scored the 2nd highest number of votes in the 2nd defendant’s primary election for Ondo South Senatorial District held on 23rd May, 2023, as the candidate of the 2nd defendant for the said Senatorial District in the 2023 general elections.
“An order of court directing the 2nd and 3rd defendants to substitute the plaintiff for the 1st defendant as the candidate of the 2nd Defendant for Ondo South Senatorial District in the 2023 general elections,” Tofowomo prayed the court.
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