21st July, 2020
By Taiwo Okanlawon
An Akure High Court on Monday dismissed a motion seeking to stop the Deputy Governor of Ondo State, Hon Agboola Ajayi from contesting Wednesday’s primary election of the People’s Democratic Party (PDP).
The plaintiff, who is also a member of the PDP, Mr Olopele Konstante Timi had through his counsel, Akpofiweii Anthony sought the disqualification of the Deputy Governor over the allegation that his certificate was forged.
Olopele averred that Hon. Ajayi has breached the code of conduct for public officers and he should, therefore, be banned from holding any public office for a maximum period of ten years going forward.
The experte motion brought before the court was instituted with originating summon that was dated July 17, 2020, with suit no. AK/45M/2020.
The claimant averred that the Deputy Governor of Ondo State has consistently acted in breach of Section 1, 5th Schedule, Part 1 of the Code of Conduct for Public Officers
Also, hinges the prayer for the disqualification of Hon. Agboola Ajayi on the Deputy Governor’s breach of the provisions of the regulations of the West African Examination Council (WAEC) Act, Cap W4 Law of the Federal Republic of Nigeria, 2004.
The Deputy Governor had said severally that the facts and issues in the matter are the same as the case already adjudicated upon by the Court of Appeal in case appeal number: CA/B/EPT/330A/2008. between the Deputy Governor, Hon. Agboola Ajayi (then Member of the National Assembly) and Prince Olubukola Ebietomiye of the Democratic People’s Alliance, (DPA) in 2007, wherein the Appellant was absolved of any wrong doing.
Also, the same matter was adjudicated upon in a suit Olukayode Ijifusi V. Hon. Alfred Agboola Ajayi Suit Number: FCT/CV/1261/2020 Before Hon. Justice Adeniyi and again the Deputy Governor was vindicated.
The presiding Judge, Justice Adegbehingbe threw out the motion exparte and asked him to serve the necessary parties instead of coming through motion exparte.
Justice Adegbehingbe, however, fixed the hearing of the substantive suit to July 30.