The crux of the matter is this: Following the APC primary election, which produced Dr. Lucky Aiyedatiwa as the governorship candidate and Dr. Olayide Adelami as his running mate, the opposition Peoples Democratic Party (PDP) and its candidate, Chief Alfred Agboola Ajayi, challenged their candidacy in court. That was the first phase of the legal battle.
After the November 16, 2024, governorship election, the PDP and Ajayi proceeded to the Ondo State Governorship Election Tribunal in Akure, contesting the election results based on two key arguments:
1. Qualification Issues
2. Alleged Non-Compliance with the Electoral Act
Legal teams moved between the regular courts and the tribunal throughout this intense legal struggle. The term Ebiniseri—symbolizing divine intervention in times of challenge—perfectly encapsulates this battle.
The Legal Journey: From High Court to Supreme Court
On June 7, 2024, Ajayi filed a lawsuit at the Federal High Court in Abuja, challenging the eligibility of Olayide Owolabi Adelami on allegations of forgery, impersonation, and false identity. The case was later transferred to the Akure division, where the defendants—Aiyedatiwa, Adelami, the APC, and INEC—argued that:
The plaintiff lacked locus standi (legal standing) since he was not an APC member.
The case was filed outside the 14-day constitutional window since nomination documents were submitted to INEC on May 20, 2024.
On December 2, 2024, Justice T.B. Adegoke of the Federal High Court dismissed the case, citing procedural flaws. The court ruled that:
Criminal allegations like forgery must be proven through a writ of summons, not an originating summons, allowing for witness testimony and evidence presentation.
The petition was statute-barred because it was filed after the 14-day deadline.
Dissatisfied with the ruling, Ajayi proceeded to the Court of Appeal.
Court of Appeal Verdict: Ajayi’s Case Lacks Merit
On January 18, 2025, the Court of Appeal, Akure Division, unanimously upheld the Federal High Court’s decision and imposed a ₦500,000 cost against Ajayi.
Ajayi, undeterred, took the battle to the Supreme Court.
Supreme Court’s Final Ruling: Aiyedatiwa’s Victory Stands
During the Supreme Court hearing on February 25, 2025, legal heavyweights clashed over procedural technicalities. Ajayi’s team, led by Ahmed Raji, SAN, argued that the appellate court had erred. However, Governor Aiyedatiwa’s legal team, led by Tayo Oyetibo, SAN, defended the lower courts’ rulings.
On Tuesday, March 11, 2025, a five-member Supreme Court panel, led by Justice Garba Lawal, unanimously upheld Aiyedatiwa’s decisive 366,781 votes victory over Ajayi’s 117,845 votes, affirming his win across all 18 local government areas.
The Supreme Court did not mince words, dismissing Ajayi’s petition as baseless, frivolous, and lacking merit. The court reaffirmed that the case was statute-barred since it was filed beyond the constitutional deadline.
The court also ordered Ajayi to pay ₦2 million in costs to each of the four respondents.
Ebiniseri: A Milestone Victory
This ruling marks a significant milestone in the legal battle that followed Governor Aiyedatiwa’s victory.
It remains to be seen whether the petitioners will withdraw honourably from the tribunal. Regardless, I feel compelled to inform the public that this is how far God has helped us—Ebiniseri!
