The Federal High Court sitting in Ado-Ekiti on Thursday upheld the candidacy of Engr. Toyin Okoro as the APC flagbearer for Ekiti South Federal Constituency 1 ahead of the January 2027 election.
In his judgment on Suit No: FHC/AD/CS/19/2026 filed by Bayo Babalotin, Justice Babs O. Keuwumi struck out the case for lack of locus standi.
The court held that it was audacious for Babalotin to challenge an APC primary election in which he did not participate as an aspirant.
Justice Keuwumi also struck out the Ekiti State APC as 3rd defendant, with the ruling covering both the state and national organs of the party.
Reacting, Dr. Femi Ogunlade Esq., lead counsel to Okoro, said the judgment has laid to rest the controversy over Okoro’s candidacy.
“The court delivered judgment in favour of the 1st defendant, dismissing the suit and affirming that only an aspirant can contest the conduct and validity of a primary election, not an interloper or a busybody, which the plaintiff is in this matter,” Ogunlade said.
According to him, the decision is in line with Section 25 of the Constitution and the Electoral Act, which stipulate that only an aspirant who participated in a primary can challenge its outcome in court.
It would be recalled that Okoro defeated incumbent House of Representatives member, retired Air Vice Marshal Adeniyi Ojuawo, in the APC primary, polling 9,798 votes to Ojuawo’s 1,842 votes.
Following his victory, Okoro had urged Ojuawo to accept defeat in good faith.
The suit was filed after the Independent Corrupt Practices and Other Related Offences Commission (ICPC) invited and interrogated Okoro over alleged public service rule violation for operating a private company to secure public contracts while serving as a senior legislative aide.
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