Former Governor of Kwara State and incumbent senator representing Kwara Central Senatorial seat, Dr. Abubakar Bukola Saraki has told the Court of Appeal sitting in Abuja to dismiss the appeal filed by a chieftain of the Peoples Democratic Party (PDP), Alhaji Lasisi Ayinla Kolawole Jimoh against his victory in 2011 election.
The former governor also asked the appellate court to decline jurisdiction on the ground that the appellant lacked locus standi to institute the appeal case against him.
Among others, Saraki told the court of Appeal that the appellant did not participate in the last national assembly election in Kwara State and therefore could not challenge the outcome of the election.
Jimoh had filed the appeal after a Federal High Court in Abuja dismissed his suit challenging the processes that produced Dr. Saraki as the PDP candidate after Alhaji Isiaka Gold, winner of an the initial primary election conducted in the state, resigned.
In his response to the appeal Dr. Saraki argued that the primary election that produced him was a domestic affair of PDP, which in law, cannot be inquired into by any law court. He further faulted the institution of the suit at the Federal High Court six days to the constitution of the Kwara State National Assembly Election Petition Tribunal.
The response was filed by his counsel and legal luminary, Prince Lateef Fagbemi (SAN).
Saraki is contending that since Jimoh instituted his case after the election, he ought to have gone to the election petition tribunal and not any regular court to ventilate his anger and grievances.
Specifically, he asked the court to hold that it has no jurisdiction in the appeal case because it was a post-election suit that must first pass through an election petition tribunal before the appellate court. He then asked the court to dismiss it.
Saraki and Jimoh, who are both members of the ruling PDP, are embroiled in fierce legal battle on who is the authentic candidate of their party in the last national Assembly election.
Jimoh had sued Saraki at a Federal High Court in Abuja, challenging his nomination as PDP’s flag bearer on the ground that a bye election that produced him was not conducted in accordance with law.
However, the Court, presided over by the Federal High Court Chief Judge, Justice Ibrahim Auta upheld the nomination of Saraki by PDP and dismissed the suit by Jimoh for being baseless and frivolous.
In his judgment delivered in Abuja on Friday March 30th 2012, Justice Auta held that the suit of Alhaji Jimoh was baseless and lacking in merit because it failed to disclose any irregularity, fraud or malpractices in the process that produced the senator.
The Judge held that there was a primary election conducted by PDP on January 7, 2012 won by one Alhaji Isiaka Gold with 1,064 and that the plaintiff (Jimoh) came second with 12 votes.
Justice Auta also held that there was a bye election by the PDP following the resignation of Alhaji Isiaka Gold as the party’s candidate and that the bye election was won by Dr. Saraki who also emerged winner at the general election.
Justice Auta had held in the judgment that the bye-election was not conducted in accordance with the Electoral laws.
