An Akure High Court on Tuesday struck out a suit seeking to stop Ondo State Deputy Governor, Agboola Ajayi, from participating in Wednesday primary election of the Peoples Democratic Party (PDP).
Naija News reports that Justice Bode Adegbehingbe, who presided over the case, asked the plaintiff to serve all parties in the suit instead of coming through a motion exparte.
Olopele Konstante Timi, a member of the Peoples Democratic Party (PDP), had through his counsel, Akpofiweii Anthony asked the court to disqualify Ajayi over an allegation that his certificate was forged.
In the suit, the PDP member said the Ondo Deputy Governor breached the code of conduct for public officers and should, therefore, be banned from holding any public office for a maximum period of ten years going forward.
This online news platform recalls that the experte motion brought before the court was instituted with an originating summons that was dated July 17, 2020, with suit no. AK/45M/2020.
The PDP member said the Deputy governor has consistently acted in breach of Section 1, 5th Schedule, Part 1 of the Code of Conduct for Public Officers as well as 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.
However, the presiding judge threw out the motion exparte and fixed the hearing of the substantive suit on July 30, 2020.
Allen Sowore, the Media Adviser to Ondo Deputy Governor had said the facts and issues in the suit were the same as the case already adjudicated upon by the Court of Appeal in case appeal number: CA/B/EPT/330A/2008 between himself and Prince Olubukola Ebietomiye of the Democratic People’s Alliance, (DPA) in 2007, wherein he was absolved of any wrongdoing.