EBINISERI
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EBINISERI
By Allen Sowore, Esq.
I will attempt to keep legal jargon and technicalities to a minimum to make this piece accessible to my esteemed readers.
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 general election, the PDP and Ajayi also approached the Ondo State Governorship Election Tribunal in Akure to contest the election results. Their case was based on two key arguments:
1. Qualification issues
2. Alleged non-compliance with the Electoral Act
In essence, legal teams shuttled between the regular courts and the tribunal throughout this battle. The term Ebiniseri—which refers to Samuel’s stone placed between Mizpah and Shen after Israel’s encounter with the Philistines—aptly symbolizes this legal struggle.
On June 7, 2024, Ajayi filed a lawsuit at the Federal High Court in Abuja, challenging the eligibility of Olayide Owolabi Adelami, alleging: Forgery, Impersonation and False identity.
However, the case was later transferred to the Akure division, where the defendants—including Aiyedatiwa, Adelami, the APC, and INEC—argued that: the Plaintiff lacked locus standi (legal standing) since he was not an APC member.
Moreso, the suit was filed outside the 14-day constitutional window, as 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, to allow for witness testimony and evidence presentation. Invariably, the petition was “statute-barred” because it was filed after the 14-day deadline.
Dissatisfithe with the pronouncement of the court of first instance, the former deputy governor proceeded to the Court of Appeal.
On January 18, 2025, the Court of Appeal, Akure Division, unanimously upheld this decision and imposed a ₦500,000 cost against Ajayi.
Again, the decision of the Court of Appeal was challenged at the Apex Court—the Supreme Court in Abuja.
During the February 25, 2025 Supreme Court hearing, senior lawyers clashed over procedural technicalities. Ajayi’s legal team, led by Ahmed Raji, SAN, argued that the appellate court erred in its rulings. However, Governor Aiyedatiwa’s counsel, Tayo Oyetibo, SAN, and others urged the court to uphold the lower court’s verdicts.
On Tuesday, March 11, 2025, a five-member panel led by Justice Garba Lawal unanimously affirmed Aiyedatiwa’s decisive victory, in which he secured 366,781 votes against Ajayi’s 117,845, winning all 18 local government areas.
In its final verdict, the Supreme Court dismissed Agboola Ajayi’s case seeking to annul Aiyedatiwa’s victory.
As stated earlier, this ruling follows earlier dismissals by both the Federal High Court and the Court of Appeal, which upheld Aiyedatiwa’s win on all grounds.
The Supreme Court did not mince words. It described Ajayi’s petition as baseless, frivolous, and lacking merit, reaffirming that it was “statute-barred” because it was filed beyond the constitutional deadline.
Consequently, the court dismissed the appeal and ordered Ajayi to pay ₦2 million in costs to each of the four respondents.
This ruling marks a significant milestone in the legal battle that followed Governor Lucky Aiyedatiwa’s victory.
It remains to be seen whether the petitioners will reconsider and withdraw honourably from the tribunal. Regardless, I feel obligated to inform the public that this is how far God has helped us—Ebiniseri!
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