Betiku is challenging Akeredolu’s alleged non-disclosure of the facts of the indictment to the Independent National Electoral Commission.
The plaintiff on Tuesday obtained the endorsement of the court to serve the originating summons on Akeredolu.
Although, no date has been fixed for the hearing, the two defendants are expected to enter appearances within eight days.
In a 16-page affidavit deposed to by himself, Betiku alleged that the Ondo State Government set up a Judicial Commission of Inquiry headed by Justice Rasheed Fawehinmi (retd).
It explained that other members of the public are Mr. Kunle Adedipe, Mr. Dele Awopetu, Mr. E. O Komolafe, Mr. O. O Akinduro and Mr. Toyin Akinkuotu as Secretary.
He averred that the report of the Commission of Inquiry was accepted by the Ondo State Executive Council headed by the late Governor Adebayo Adefarati.
The Plaintiff further claimed that “the 1st respondent, Mr. Akeredolu refused to disclose the fact of indictment in his INEC form.
He urged the court to “determine whether the 1st defendant did not violate the provision of section 31 subsections 2, 5 and 6 0f the Electoral Act 2010 as Amended, when he failed to disclose the fact of his indictment.”
The plaintiff further claimed that “Akeredolu falsely represented fact when he claimed that he was never indicted for embezzlement or fraud by a judicial commission of inquiry, when indeed he was so indicted.”
The plaintiff further prayed the court to determine the claim by the 1st defendant “that the indictment was never accepted by Ondo State government and has not by such false representation violated the provisions of section 31 (5) and (6) of the Act.
In the affidavit, the plaintiff claimed that, “having been indicted for embezzlement and misappropriation by the Commission of Inquiry, and which indictment was accepted by Ondo State Government, is therefore not qualified to run as candidate into the exalted office of governor of the state in the October 20 election or any other subsequent election.”