The Appeal Court sitting in Akure on Tuesday dismissed the suit filed by the lawmaker representing Ondo South Senatorial District, Senator Nicholas Tofowomo, against the former deputy governor of the state and the candidate of the Peoples Democratic Party (PDP) for Ondo South senatorial district of the state, Hon. Agboola Ajayi.
In his ruling, Justice Ayobode Olujimi Lokulo-Sodipe dismissed the suit over the failure of the appellant to key into the 14 days period stipulated by the law.
The judge said the failure of the appellant to file the suit within 14 days after the cause of action made the case and the appeal nugatory and consequently dismissed the appeal with a N250.000.00 fine against Tofowomo.
Lokulo-Sodipe who affirmed the verdict of the Federal High Court that declared Ajayi as the candidate of the party over failure of the appellant to file within the time stipulated by the law.
The judge in his verdict affirmed the judgment of Justice Rilwanu Aikawa of the Federal High Court that dismissed the suit filed by Senator Tofowomo challenging the emergence of Ajayi as the PDP candidate.
Tofowomo who was displeased with the outcome of the party’s primary headed to the Federal High Court through his Counsel, Femi Emodamori, after scoring 74 against 78 scored by Ajayi.
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Tofowomo, in a suit number: FHC/CS/AK/ 83 /2022 filed on July 5, 2022, accused Ajayi of an act of perjury and education scandal, prayed the court to nullify the former deputy governor nomination on the grounds of his controversial academic records presented for the election and, however, prayed the Court to declare him the winner of the contest, saying the former deputy governor is not qualified.
But Ajayi, through his lawyer, Prof Kayode Olatoke SAN argued that the allegation of perjury against him is unfounded, but claimed that the school registrar at the time he wrote his WAEC has sworn to an affidavit in 2006, to absolve him of the controversial error about his date of birth on his WAEC certificate.
Ajayi also claimed that the case was filed outside the time allowed under the law, saying the court lacked jurisdiction to entertain the case and that it was a mere academic exercise and a waste of court time.
Justice Aikawa in his verdict delivered in October said the Supreme Court in several decided cases held that the date of occurrence is to be used to determine the status of the case and not the date the plaintiff was aware of the infraction.
Justice Aikawa said the date of the occurrence of the cause of action was June 9, 2022, and the date the case was filed was July 5, 2022.
Not satisfied with the verdict, Tofowomo challenged the judgment of the court and asked the appellate court to order for retrial of the case as the merit should take preeminence instead technicalities employed by the trial court.
The appellate court in its verdict dismissed the appeal of Tofowomo as 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.