WHY PDP CANDIDATE, AGBOOLA AJAYI IS UNFIT AS A GOVERNOR
_…full text of petition written to the PDP NWC by Committee for good governance_
The Committee For Good Governance notes the watery reaction of Agboola Ajayi Campaign Organisation to our patriotic petition to the National Working Committee of the PDP for his being unfit to be a governor. His laughable response is that he had always had his way with questionable credentials and character because such issues have never been considered on the merit in any court.
Find below the full text of our petition with the annexed documents for posterity.
13th May, 2024
The National Chairman,
Peoples Democratic Party
National Secretariat
Wadata Plaza,
Abuja:
NEED TO REVISIT THE QUALIFICATIONS OF HONOURABLE ALFRED AGBOOLA AJAYI AS THE CANDIDATE OF THE PEOPLES DEMOCRATIC PARTY IN THE FORTHCOMING ONDO STATE GUBERNATORIAL ELECTION.
We are solicitors to and write on behalf of the Committee For Good Governance (hereinafter referred to as our Client). Our Client comprises indigenes of Ondo State and well meaning registered members of the Peoples Democratic Party (PDP) who are genuinely committed to the party presenting credible candidates who satisfy constitutional requirements, of impeccable character to govern the state well.
Our clients thus state that Honourable Alfred Agboola Ajayi being currently paraded by the party as its candidate for the forthcoming Ondo State Gubernatorial election fall far short of these legal and electoral requirements for the following reasons.
That Alfred Agboola Ajayi was a political office holder and thus a full-time public servant having served continuously first as an appointed Supervisor, Chairman Care-Taker Committee and elected Chairman of Ese-Odo Local Government of Ondo State from 2000 to 2007,
That while serving as a full-time elected Chairman of the Local Government aforesaid, Agboola Ajayi claimed to have also enrolled and sat for the May/June 2004 West African Senior School Certificate Examinations (WASCE) statutorily meant for full-time pupils at the Community High School, Mobolorunduro in the neighbouring Okitipupa Local Government of Ondo State wherein he was purportedly awarded WASCE No. NGWASSCS5529745 with Candidate No. 4291420058 and date of birth being December 8, 1980. Certified True Copy of the certificate is attached herewith as Annexure 1.
That while still a Chairman of Local Government, Agboola Ajayi sought to contest as a member of the House of Representatives. By the date of birth on his certificate aforesaid (December 8, 1980) he would only be 26 years for an office which constitutional age requirement then was 35 years. Ajayi thus presented his sworn Declaration of Age with the date of birth being 24th September 1968. See Annexure 2.
To qualify for the election Agboola Ajayi in a bid to reconcile his date of birth with that on the certificate presented by him deposed to an “AFFIDAVIT FOR CORRECTION OF DATE OF BIRTH” stating his date of birth to be 24th September 1968 and that the age on the certificate (December 8, 1980) was an error by the West African Examinations Council. Certified True Copy of the said Affidavit is attached herewith as Annexure 3A.
The Election Petition Tribunal in 2008 voided Agboola Ajayi’s election to the House of Representatives on the ground of forgery of the Certificate particularly in the light of the Affidavit which sought to alter the age on the certificate having regards to the fact that the age in the WAEC Entry Form Number 4291420058 filled by the candidate who sat for the examination was the same age on the certificate which refuted the claim of any error from WAEC. Annexure 3B.
The Court of Appeal in APPEAL N0. CA/B/EPT/330/2008 (Hon. Agboola Ajayi v Prince Olubukola Ebietomiye) however by its judgement delivered on 19th May 2009, set aside the judgement of the Tribunal on the ground that the certificate on the face of it was not forged having regards to the fact that the date of birth filled in the WAEC Entry Form was the same as appeared on the certificate.
The Court of Appeal did not pronounce on the effects of the false Affidavit of Correction of Age on the ground that same was not pleaded by the Petitioners. See pages 14-16 of the judgment attached herewith as Annexure 4.
The issue of the Affidavit for the alteration (correction) of the contents of the certificate with the intent to use same as being correct has not been so determined on the merit.
AGBOOLA AJAYI’S DISCREDITTED HIGHER EDUCATIONAL CERTIFICATES:
Using this greatly flawed school certificate, Agboola Ajayi claimed to have gained admission into Igbinedion University Okada in 2005 in a full-time programme in the Faculty of Law even while still a Local Government and later as a member of the House of Representatives from 2007- 2011 also a full-time programme.
He also claimed that he attended the mandatory full time one year Law School programme 2009-2010 and called to the Nigerian Bar in 2011 while also a constitutionally mandatory full-time member of the House of Representatives. See the Nigerian Law School Certificate dated 5th October 2010 (Annexure 5A) and Certificate of Call to the Bar dated 30th November 2010 (Annexure 5B).
When the credibility of his Law School and Call To Bar certificates were being queried by the Ondo State public including the State House of Assembly which listed same as a ground for his impeachment as Deputy Governor in 2019, Agboola Ajayi produced an obviously concocted letter dated 6th July 2009 addressed to the Speaker of the House of Representatives titled “Notice of My Law School Programme” wherein he stated as follows:
“I write to inform you that I will be attending a mandatory Law School programme for 2009/2010 as I have informed and consulted widely with my constituents with their consent and approval to proceed”.
“Sir, it is of importance that I inform you considering the provision of Order XV Rule 1 of the Standing Orders of the House of Representatives. Therefore should there be any legislative duties that relates to my constituency or matter of urgency, please do notify me while my Senior Legislative Aide (SLA) will always be available to receive and attend to correspondence and I shall always be available for Wednesday sitting of 3pm to 5pm” . See Annexure 6.
Without investigating the falsehood particularly the impossible claim of having consulted widely with my constituents with their consent and approval to proceed” the Speaker of the House of Representatives in a letter purportedly dated 14th July 2009 with the title “RE: NOTICE OF MY LAW SCHOOL PROGRAMME” curiously replied as follows:
“ I am in receipt of your letter dated 6th July, 2009 on the above subject matter and want to wish you the very best of luck in your academic pursuit considering the fact that you have duly notified your constituency on this programme” See Annexure 7.
Agboola Ajayi also produced a letter dated 5th February 2020 titled “Decision of the Body of Benchers on the need to revisit your call to the Bar” the Benchers reportedly informed him that his Call to the Nigerian Bar was validly carried out by the Body of Benchers, having fulfilled all the requirements for Call to the Bar and dismissed the petition against him by an NGO in Ondo State. See Annexure 8
The Benchers may be right in its decision considering that Agboola Ajayi did not present his flawed school certificate with which he was admitted into Igbinedion University to the Council of Legal Education and the absolute abandonment of his mandatory legislative duties based on the false claim of consent of his constituents.
The lies that he has the consent of his constituents to abandon his mandatory constitutional duties contained in his false letter to the Speaker is in tandem with the fake life of Agboola Ajayi.
Thus, notwithstanding his false claim to being a university graduate and legal practitioner, Agboola Ajayi, in subsequent elections, has only continuously presented the same fake Secondary School Certificate.
However, in the 2023 General Election wherein he emerged as the PDP candidate for the Ondo South Senatorial District election against Senator Nicholas Tofowomo, Agboola Ajayi again presented this controversial certificate with the said false Affidavit.
When sued by Senator Tofowomo and in a bid to avoid the implications of the verified lies against WAEC, Agboola Ajayi again forged another Affidavit purportedly deposed to at the High Court of Ondo State, Okitipupa Registry on the 9th day of May 2006 sworn to by one Fajiwe Oluwole Ebenezer of N0.1 Akinsola Akinnubi Street off Deeper Life Camp Okitipupa that he was the Registrar of Community High School Mobolorunduro Okitipupa and made the mistake of the date of birth in the WAEC Entry Form which Agboola Ajayi submitted to the examination body. See Annexure 9.
However in a deposition in another Affidavit titled “Affidavit to rebut the purported “Affidavit of Affirmation of error in the West African Senior School Certificate Examination Entry Sheet” attached as Exhibit AA7 to the Counter-affidavit of Hon. Alfred Agboola Ajayi the 1st Defendant in Suit N0 FHC/CS/88/2022), Mr. Fajiwe Oluwole Ebenezer, among other counter depositions, stated significantly as follows:
(a) That I never deposed to the said Affidavit whether in 2006 or any time thereafter. My signature thereon was inaccurately forged. I hereby attach a photocopy of my official Identification card issued by the Ondo State Teaching Service Commission and carrying my correct signature.
Although my name and current address are written on the affidavit, I had not even built the house in 2006.
I built the house indicated as my address in the affidavit in 2010.
I was a teacher in Community High School Mobolorunduro from 1995 to 2010, but I did not know the 1st Defendant (Agboola Ajayi) as an internal student of the school during that period.
I know as a fact that…only internal students of a secondary school can be registered for May/June West African Senior School Certificate Examinations and not external students.
I know as fact that it is the Principal that registers and present candidates for the West African Senior School Certificate Examinations and it is the age or date of birth declared by the candidates in the relevant forms personally completed by the candidates that the School Principal would send to the WAEC.
I played no role in the completion of the WAEC entry form of any candidate including the candidate in this case (Agboola Ajayi), could not and did not mistakenly write 8th December 1980 as the 1st Defendant’s date of birth in any WAEC entry or signed same on his behalf as alleged in paragraph 7 of the false affidavit. See Annexure 10.
The case of Senator Tofowomo and Agboola Ajayi was eventually struck out as being statute barred for being filed out of time but the issues have not been decided on their merit with all the facts and documents in public space and in the hands of opposition parties.
SCREENING OF PDP GUBERNATORIAL ASPIRANTS FOR THE 2024 ONDO STATE GUBERNATORIAL ELECTIONS
We have it on good authority that, in the reality of the damage done to his purported Senior Secondary School Certificate by several exposures, especially his recently released purported affidavit deposed to on 9th March 2006 that the discrepancies on the certificate was caused by the registrar of the school and not WAEC, Agboola Ajayi did not this time submit it.
Agboola Ajayi only presented LLB and Certificate of Call to Bar which authenticity remains questionable in view of the reasonable doubt that he was the same student at Igbinedion University who was simultaneously a member of the House of Representatives between 2005 an 2009 when he purportedly graduated.
It is important to note that the constitutional requirement is evidence of being educated up to at least school certificate level or its equivalent.
CURRENT FACE-OFF BETWEEN AGBOOLA AJAYI AND EFCC ON CASE OF FORGERY OF TITLE DOCUMENTS
Impersonating one Abayomi Kingsley Babatunde, his 80 years old father-in-law, Agboola Ajayi took tenancy of a house known as N0 14B Abimbola Okulaja Close, Lekki Lagos State, a property seized by the EFFC.
More than a year after the expiration of the Tenancy with Agboola Ajayi holding out without payment, the EFFC by publication in the national dailies offered the property for sale which was eventually sold to Segzadet Integrated Limited.
Claiming an unfounded Right of First Refusal in the sale, Agboola Ajayi sued the EFFC in Suit N0 FCT/HC/CV/2023 illegally using the name, forging the signature and cropping the online passport photograph of the elderly Mr. Abayomi Kingsley Babatunde, who lives in Kabba, Kogi State and unaware of any development.
Unable to secure injunction against the EFFC and the company that won the bid, Agboola Ajayi deployed and physically commanded thugs on the property which led to police investigation through which elderly Abayomi Kingsley Babatunde made written statements denying knowledge of the fraudulent transactions where his name, photograph and signature were forged by Agboola Ajayi.
Agboola Ajayi recently had to hurriedly leave a PDP Stakeholders Meeting in Ibadan when security operatives stormed the property in Lagos to forcefully exit the thugs some of who are easily identifiable on social media.
There is impeccable evidence that a senior member of the PDP and former member of the House of Representatives from the Central Senatorial District who witnessed for Agboola Ajayi in one of such illicit transactions has now distanced himself to avoid any implications to his reputation.
A very senior official of the EFFC who was believed to have introduced the transactions to Agboola Ajayi when he thought he was going to buy the property has to suddenly resign and cut short his career on account of his discovery that Agboola Ajayi had all along operating under forgery and false pretences.
It is important to stress that all the facts stated above are in the public domain through the social media and well circulated television interviews to which Agboola Ajayi has not and cannot creditably react.
ELECTORAL IMPLICATIONS FOR THE PARTY AND STEPS FORWARD:
As part of the Electoral process a candidate is bound to give a breakdown of his CV in INEC Form EC9. Agboola Ajayi cannot avoid the publicly known fact that he was a full-time political office holder in Ese-Odo Local Government and Chairman thereof from 2003-2007 within which time he claimed to be also a full-time pupil of Community High School Mobolorunduro Okitipupa Local Government and wrote the May/June Senior Secondary School Certificate Examination in the school uniform as shown in the passport photograph embossed in the Certificate.
The party candidate will, either before the INEC or court if the party wins, explain the discrepancies in his sworn date of birth, the age of the real person who owns the Certificate and the two mutually contradictory and fiercely refuted affidavits to alter the contents of the certificate.
In the past elections he contested as Governorship aspirant in 2020, Senatorial candidate in 2023, Agboola Ajayi only submitted to the party and INEC his most perverted 2004 Secondary School Certificate notwithstanding the claim of being a lawyer since 2010. However, during the recent screening of gubernatorial aspirants Agboola Ajayi only presented the perverted LLB/Call to Bar certificates without the constitutionally required School certificate.
It is apposite to know that the current position of the law on forgery of certificates to include presentation of false information in the INEC Form CF001 which every candidate must complete.
On who can effect change of name on educational certificate, the Supreme Court in the Bayselsa State 2019 Governorship election in the case of PDP V Degi-Eremienyo (2021) 9 NWLR (Pt.178) 274 SC.
“It is only the authorities that issued certificates can effectively change the names appearing thereon, and no affidavit of correction or regularization can effectively change the names. In the instant case, it was only the authorities that issued the first School Leaving Certificate issued in 1976, and the West African Examination Council that issued GCE Certificate in 1984 that could effectively change the names appearing thereon, and not the 1st respondent as he attempted to do. (p. 290. Paras D-E)
On the procedure for change, correction and confirmation of name, the apex court held thus:
“Affidavit of change, correction and confirmation of name has to be by a Deed poll and not by mere deposition. In the instant case, the trial court was right that it is only by a deed poll, and not by mere deposition, that a change in a name on an official certificate can be effected and further that since the procedure necessarily affects official record and archives of the nation, it is after the deed poll that the deponent approaches the Nigerian Civil Registry to have the change published in the official gazette. None of those procedures was done by the 1st respondent in this case” (p. 290, para F).
on what amounts to presenting forged certificate to electoral body for purpose of election and effect thereof, the Supreme Court aptly held:
“By virtue of section 182 (1) (j) of the 1999 Constitution, as altered, no person shall be qualified for election to the office of Governor of as State if he has presented a forged certificate to the Independent National Electoral Commission. The `certificate` therein is in small letters. It bears its ordinary natural meaning. It is used as a noun that derives from the verb `certify` which means to attest, testify, vouch, ascertain, verify. The word “forged” qualifies the word “certificate” in the provision. The word forged is used in the context of fabricating, framing, falsifying, inventing a false attestation, vouching falsely”. (Dide v. Seleketimibi (2008) 15 NWLR (PT. 1110 221 referred to.) (p. 292, paras. A-C)
Per EKO, J.S.C at page 292, paras. D-E:
“In his form CF001 the 1st respondent on oath, vouches in paragraph F thereof- .I hereby declare that all the answers, facts and particulars I have given in this from are true and correct and I have to the best of my knowledge fulfilled all the requirements for qualification for the office I am seeking to be elected`.
This is clearly a certificate of the truth of the facts and particular given by the 1st respondent in the said form CF001.
If any fact vouched to be true turns out to be false, particularly deliberately false, then in my view the 1st respondent has presented to INEC a forged or false certificate.”
The position of the Supreme Court above is in tandem with its earlier decision in MODIBBO V. USMAN (2020) 3 NWLR (PT 1712) 470 509-510 PARAS H-D as follows:
“Section 107(1)(i) and 66(1)(i) of the Constitution are in pari materia. I had, in Dide & Anor v. Seleiletimbi & Ors (2009) LPER-4038 (CA), (2008) 15 NWLR (pt. 1110) 221 stated that the provisions of section 107(1)(i) of the Constitution being unambiguous and plain are entitled to be given their natural meaning, and that the word “certificate” used in Section 107 (1)(i) of the Constitution has broader meaning that the restricted meaning given to the words “school certificate or its equivalent” in section 318 (1) (read together with section 106 (c) of the same Constitution. In the said Dide v. Seleketimbi (supra) i expressed the opinion which i hereby endorse, that-
“The noun “certificate” is derived from the verb- “certify”. To certify: in its ordinary natural sense, means to attest, verify, testify, vouch, ascertain, determine, or to show. See the English Thesarus Geddes & Grosset 2001 ed, Chambers Mini Dictionary, “Certificate” as a noun therefore, means any document that attest, testifies, vouches, ascertains, and verify the facts therein. According to Black`s Law Dictionary, a certificate is a document in which a fact is formally attested”.
Having thus stated, I came to the conclusion that the attestation of INEC Form where the candidate made the following declaration on oath in paragraph F thereof, that is: “I hereby declare that all the answers, facts and particulars I have given in this Form are true and correct and I have to the best of my knowledge fulfilled all the requirements for qualification into the office I am seeking to be elected” is itself a certificate. Accordingly, since forgery consists of the making knowing (sic) same to be false with intent that it may be used as a genuine document (Smart v. State (supra)), the deliberate attestation of the false CF001 amounts to making of false statement with intent or knowledge that it may be used as a genuine document. In the instant case the presentation of INEC Form CF001 made by the appellant wherein he verified the same to be true, even though they were false or untrue tantamount his presenting false certificate to INEC in terms of section (66) (1)(i) of the Constitution (as amended).”
Agboola Ajayi and all those politicians who after being voted for by our people, received salaries and other humongous allowances, yet wasted the whole period undergoing full-time studies in schools or spend the peoples resources hiring mercenaries to write examinations for them to acquire new qualifications will not be allowed as party candidate talkless of being voted for.
We are aware of the tactics of not disclosing such qualifications. The Supreme Court has held in a number of cases that such concealment of information amount to forgery. No place to hide for any of them.
THE WAY FORWARD
Section 29 (8) of the Electoral Act 2020 provides as follows:
A political party which presents to the Commission the name of a candidate who does not meet the qualification stipulated in this section, commits an offence and is liable on conviction to a fine of N10,000,000.
From the above, the law expects that a political party even after holding the primary or any internal arrangement should be vigilant to ensure that it does not present an unqualified candidate to the INEC.
The Party has wide powers to review the choice of its candidate before submission of any name to INEC. To this end, the party should take a broader look at all its aspirants so that in the event of the declared candidate not meeting the constitutional requirements it will not be fixated on a fait accompli by any other particular candidate.
CONCLUSION
In the light of the foregoing, we urge the National Working Committee of the Party to ensure that only a place holder name be submitted to INEC before the expiry of the time fixed for the presentation of the candidate and utilise the window provided for substitution to present a legally fit and proper person as its candidate.
Please, Mr. Chairman sir, accept the firm assurances of our clients’ utmost respect, loyalty and goodwill for the Party.
Sgd
Chief Ifesi Nwodo
Legal Practitioner
Copy to:
1. The National Secretary
2. The National Legal Adviser
3. National Organising Secretary
4. The Ondo State Chairman