The Peoples Democratic Party (PDP) candidate in the 2024 Ondo State governorship election, Agboola Ajayi, has filed an appeal against the December 2 ruling of the Federal High Court in Akure.

The court had dismissed his lawsuit challenging the eligibility of the All Progressives Congress (APC) candidate, Lucky Orimisan Aiyedatiwa, and his running mate, Olayide Owolabi Adelami.

Ajayi, in his notice of appeal dated December 7, 2024, alleged that Justice T.B. Adegoke erred in dismissing his case, which was marked FHC/AK/CS/99/2024.

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The PDP candidate’s initial lawsuit raised concerns over discrepancies in the certificates submitted by Aiyedatiwa to the Independent National Electoral Commission (INEC). Ajayi argued that these discrepancies violated electoral laws and called into question Aiyedatiwa’s qualifications to run for office.

Key Allegations in Appeal

Ajayi presented multiple grounds for his appeal, accusing the Federal High Court of failing to properly evaluate the evidence before it.

He claimed that: “Unexplained Certificate Discrepancies: Ajayi stated that the trial court failed to address “unexplained and irreconcilable differences” in the names on Aiyedatiwa’s certificates.

According to him, “The 1st Respondent submitted different certificates with different names that were not the same. Throughout the dispute before the trial court, the 1st Respondent never presented a Deed Poll to explain the irreconcilable differences.”

Failure to Grant Reliefs: He criticized the court for dismissing his reliefs despite what he described as compelling evidence.

Ajayi argued, “The lower court failed to properly evaluate the evidence presented before it, which was essentially documentary. The refusal to grant the reliefs in the face of credible evidence on record occasioned a grave miscarriage of justice.”

Neglect of Documentary Evidence: Ajayi contended that the court neglected its duty to evaluate critical statutory documents, which he said were central to proving his case.

He added, “The court was called upon to examine and evaluate the documentary evidence but failed to do so, instead relying on extraneous matters without giving appropriate consideration to whether those assertions were correct.”

Standing to Sue: The PDP candidate argued that the trial court erred by dismissing his legal standing to challenge Aiyedatiwa’s nomination. He noted, “The issue of nomination and sponsorship of a candidate is both intra- and inter-party affairs of an interested party in an election, as in this instant case.”

Ajayi is asking the Court of Appeal to overturn the High Court’s judgment and grant the reliefs he sought at the trial court.

These include an order invalidating Aiyedatiwa’s candidacy due to the certificate discrepancies and setting aside the December 2 ruling.

Specifically, he requested, “An order allowing the appeal and setting aside the judgment of the Federal High Court sitting in Akure, Ondo State, delivered on the 2nd of December, 2024, by Hon. Justice T.B. Adegoke.”

“An order granting the reliefs sought by the appellants as plaintiffs before the trial court.”

Ajayi also faulted the court’s interpretation of Section 29(1)-(5) of the Electoral Act, 2022. He argued that the provisions were given a “narrow and restrictive” reading, which ignored the broader intent of the law.

The appeal is the latest development in the heated political contest between the PDP and APC in Ondo State.

Legal experts believe the outcome of the case could significantly impact the governorship race.