The senator said the former deputy governor has questionable academic records
The senator representing Ondo South Senatorial District, Nicholas Tofowomo, has asked a Federal High Court in Akure to disqualify former deputy governor, Agboola Ajayi, as the senatorial candidate of the Peoples Democratic Party for the district.
His pleas were based on alleged questionable academic records tendered by Mr Ajayi.
Mr Ajayi, who had contested the last governorship election under Zenith Labour Party, is back to the PDP and wants to be a senator.
He defeated Mr Tofowomo, who is the incumbent senator for Ondo South during the last party primaries, ruling out the senator's chances of returning to the upper chamber.
In the suit, Mr Tofowomo said Mr Agboola did not meet the constitutional requirements for contesting the 2023 general election as contained in the interpretation and application of Section 66(1)(i) of the 1999 Constitution and Section 29(5) & (6) of the 2022 Electoral Act, 2022.
Mr Tofowomo through his lawyer, Femi Emodamori, claimed that the court should determine if the first defendant (Mr Ajayi) presented false information or forged certificate(s) in his INEC Form EC9.
He prayed the court to disqualify Mr Ajayi and declare him (Mr Tofomowo) the PDP candidate for Ondo South Senatorial District for the 2023 general election.
Mr Tofowomo also asked the court to order the PDP to substitute Mr Ajayi's name with his as the party's candidate for Ondo South Senatorial District.
Mr Ajayi, while reacting to the development, said he respects Mr Tofowomo as a brother; recognises him as a leader, and as such counts on his support for the party's victory in the forthcoming general election.
He, however, noted that it was within the exclusive right of the senator to approach the court of law wherever he feels that his right had been infringed upon.
He also said in the present case, it fell within the Nigerian electoral process to do so.
"Apparently, it should be noted that leaders of our great party have been working hard to appeal and persuade all aggrieved persons in the party to work together in a view to ensuring the victory of the party at the 2023 General Elections," Mr Ajayi said in a statement signed by his media aide, Allen Sowore.
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"We are very confident as loyal party members that total reconciliation among the critical stakeholders is achievable."
This is not the first time the former deputy governor would be sued over his academic qualifications.
In 2020, a chieftain of the PDP, Konstante Timi Olopele, sued him in an Akure High Court, seeking his disqualification from the July 22, 2020, primary election of the party.
The ex parte motion brought before the court was instituted with originating summon that was dated July 17, 2020, with suit number AK/45M/2020, filed on behalf of Mr Olopele and others by Akpofiwei Anthony Macleans of AMAC Solicitors
The counsel prayed, among others, for the disqualification of Mr Ajayi on the 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 plaintiffs claimed in the suit that Mr Ajayi had breached the extant laws that regulate WAEC and Nigerian Law School attendance while he was serving as elected Local Government Chairman and member of the Federal House of Representatives respectively.
