Aqueredolu wins again – 9jaflaver
Oluvarotimi Akeredolu won a lawsuit in an attempt to dismiss him as governor of Ondo State.
This came after the Abuja Federal High Court rejected a lawsuit seeking Oluvarotimi Akeredolu’s nomination as the All Progressive Congress (APC) candidate in the last government elections held in Ondo state.
Judge Inyang Ekwo, in his ruling on Wednesday, said that Ms Olajumok Anifovosh’s claim was established by law as it was an electoral matter and was filed outside of the 14 days set out in Article 185 (9) of the Constitution.
Judge Ekwo said that although the lawsuit was tagged: FHC / ABJ / CS / 881/20200, which contested the results of the SPS governorate primary election held on July 20, 2020, was originally filed on July 26, 2020. (within 14 days after the cause of the claim arose) it was initiated by mistake when the plaintiff decided to sue the Governor of Ondo against Akeredola himself.
The judge stated that the plaintiff’s amendment to the original subpoena to replace the first defendant – the Governor of Ondo State – with Oluvarotimi Akeredola was made on August 13, 2020, outside the 14 days established. from the Constitution.
The judge stated that it would be advisable to change the initial proceedings to change the parties during the trial if it were done by the plaintiff within the 14 days allotted for the commencement of electoral cases in accordance with Article 185 (9) of the Constitution.
The judge blamed the plaintiff’s argument that the Ondo Governor’s signing with Oluvarotimi Akeredolu (as the first defendant) was simply wrong.
Judge Ekwo stated that since the original claim was defective, the rectification / replacement made by the plaintiff outside of the 14 days established by the constitution cannot be considered wrong.
“The misuse of the name has to do with correcting a typo, not replacing a part. Changing sides in a trial goes beyond misuse of terms, ”said the judge.
He noted that the Governor of Ondo State is not the same as Aqueredolu and that although the former is an office, the latter is a person.
The judge added that Akeredolu was involved in the contested primaries, not the Governor of Ondo State, who had previously sued the plaintiff before the change was made to the original quote.
