The Constitutional Twist in the Matter filed by Olopele, Konstante Timi Esq against the embattled Deputy Governor of Ondo State, Hon. Ajayi, Alfred Agboola in the Ondo High Court is novel. His media and political merchants may exhibit their ignorance and unending folly but propaganda, lies and disinformation crumble before the Law when statutorily upheld. Allen Sowore, the goebelling attack dog of the embattled politician is either ignorant of the facts in issue before the Court or lacks legal knowledge of technicalities and extant provisions of the 1999 Constitution as Amended. Hereunder are the twists:
The Cases Sowore cited; CA/B/ EPT/330A/2008, and FCT/CV/1261/2020; dealt with Agboola’s Qualification for Elections. The Holding of those Courts had to do with possession of minimum qualification to Contest. In positive tricky contrast, the New Case deals with how Agboola Ajayi obtained or possessed the said minimum qualification. In what circumstances were the qualifications in question obtained? Was Ajayi in Public Office when he obtained same and subsequent qualifications? The issue in this novel matter is not whether Agboola Alfred Ajayi was born in 1968 and born-again in 1980 in the Ebietomiye’s Case of 2007/08; it is primarily not about whether he forged School Certificate or obtained same by proxy. It’s about a fundamental breach of Section 1, 5th Schedule, Code of Conduct for all public officers. Let’s play with further elementary Law.
Hon. Agboola Alfred Ajayi, born 1980, sorry 1968, was an Elected Chairman of Ese-Odo Local Government when he sat for the West African Examinations Council Exams in 2004. He was a Full Time-Term Public Officer of the Federal Republic of Nigeria. And Agboola sat for the said Examinations as Internal Student, NOT External. Did he not breach the Constitution? Hon. Agboola Ajayi was a Member of the Federal House of Representatives, Abuja, a Full Time Term, from 2007—2011, when he completed Law Bachelor’s at Igbinedion University and enrolled at the Nigerian Law School , called in 2010. Has Ajayi NOT breached the Provisions of the Constitution of the FRN? The consequence and or punishment prescribed for breaching this provision is Disqualification from holding Public Office for a period NOT EXCEEDING TEN (10) YEARS .
THIS CASE IS TOTALLY DIFFERENT.
The Plaintiff and his Lawyers, AMAC Solicitors have applied legal genius in the Application. They filed against the Peoples Democratic Party as Principal Defendant, NOT Agboola Ajayi. Hon. Agboola is brought in as Nominal Defendant. They shrewdly complied with SECTION 308 (2) of the Constitution of Nigeria, 1999. A President, Vice President, Governor and Deputy Governor CAN BE SUED as a NOMINAL DEFENDANT, during the Pendency of Constitutional Immunity. Agboola’s snoring co-travelers must swallow this legal FACT. I.M.B. SECURITIES PLC v. TINUBU (SC 32/2001) remains iconic on this. It’s LAW, not politics or propaganda.
This Matter in the Ondo High Court instituted by Barrister Konstante Timi Olopele, a human and environmental rights activist against the PDP, with Hon. Agboola Alfred Ajayi as Nominal Defendant is a watershed suit. It’s implications are far reaching. The Teeming PDP Faithful in Ondo State and the National Leadership of PDP may determine the FATE of the Party by their ACTIONS. Locutus sum.
By: Olowokere, S.F. Esq.