On Tuesday in Akure, the Court of Appeal in Ondo State dismissed an appeal filed by Senator for Ondo South Senatorial District, Nicholas Tofowomo, against the victory of former Deputy Governor of the State, Agboola Ajayi. The party
In Okitipupa town, Okitipupa Local Government Area of the state in May 2022, Ajayi defeated Senator Tofowomo with 78 votes while Tofowomo got 74 votes.
Dissatisfied with the primary results, Tofowomo approached the Federal Court seeking the disqualification of the accused on the grounds of fake academic certificates, but the court dismissed the case in favor of Ajayi.
The senator also went to the Court of Appeal to challenge the trial court’s ruling on the case, but the Court of Appeal dismissed his appeal on Tuesday.
In his court, Justice Ayobode Lokulo-Sodipe upheld the judgment of the High Court, dismissing the appeal, on the grounds that the appellant had failed to file the case in the lower court within the statutory period.
The appellate court held that the appellant’s suit could not be heard on the merits because the Electoral Act and the constitution set the time limit for filing such a suit.
The court also held that the appellant’s failure to file within the statutory period, clearly after 14 days of the cause of action, has rendered the case and appeal moot.
The judge dismissed the appeal and ordered the appellant to pay a fine of N250,000.
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