A Federal High Court in Abuja has dismissed the suit seeking to remove Oluwarotimi Akeredolu as the Governor of Ondo State.
A suit had been filed against Akerodolu to challenge his emergence as the candidate of the All Progressives Congress (APC) in the last governorship election held in Ondo State.
Justice Inyang Ekwo, in a judgment on Wednesday, said that the suit marked FHC/ABJ/CS/881/20200 by Olajumoke Anifowoshe was statute-barred on the grounds that being a pre-election matter, it was filed outside the 14 days provided in Section 185(9) of the Constitution.
Although the suit was originally filed on July 26, 2020, against the APC’s governorship primary election which held on July 20, 2020. However, it was wrongly commenced when the plaintiff chose to sue the Governor of Ondo State as against Akeredolu in person.
Upon amending summons to substitute the party (APC) as the first defendant, the Governor of Ondo State as second, and Oluwarotimi Akeredolu, the 14 days allowed by the Constitution had elapsed.
Justice Ekwo said since the original suit was defective, the correction/substitution effected by the plaintiff outside the constitutionally stipulated 14 days can not be regarded as misnomer.
“Misnomer has to do with a correction of typographical error, not where a party is substituted. The substitution of a party in the course of proceedings is outside the realm of the concept of misnomer,” the judge said.