The former occupant of the position, Otunba Niyi Adebayo, himself a former governor of Ekiti State, was appointed the minister of trade and industry in 2019 by President Muhammadu Buhari.
The news made the rounds earlier this year that Senator Ajimobi is set to replace Otuba Adebayo in the position.
An aggrieved Akinleye has, however, filed the case before a Federal High court in Ado-Ekiti, through his counsel, Taiwo Omidoyin and Tunde Oke.
The plaintiff in an originating summon said his right had been violated and grossly infringed upon by the action taken by Oshiomhole.
He noted that he expressed his interest to vie for the position in a letter dated Monday, January 20, which he forwarded to Ekiti State chapter of the APC to nominate him for the position.
Akinleye is the current chairman of APC in Ado Ekiti Local Government Area of Ekiti State. Senator Gbenga Aluko, also from Ekiti, was contesting for the vacant position and was the preferred candidate from Ekiti APC caucus.
The plaintiff asked the court to restrain the party from nominating Senator Ajimobi or anybody to the vacant position without following the due process and dictate of the APC constitution.
The case has been scheduled for Thursday, March 12 for definite hearing, after all the parties have been duly served.