Court fixes May 25 to hear suit against Saraki

The Federal High Court sitting in Abuja has fixed May 25 as the date for the hearing of the suit on the candidacy of incumbent Kwara governor, Bukola Saraki for the National Assembly Elections.

Ayinla Jimoh had approached the court claiming that he was the candidate of PDP for Kwara Central Senatorial District instead of Saraki, who was announced the winner of  the general election on April 9.

Justice Ibrahim Auta adjourned the matter at the instance of the defendants, who prayed for an extension of time to file their objection on point of law.

The Independent National Electoral Commission (INEC), PDP and Saraki are the defendants.
The plaintiff said that by virtue of his coming second in the primaries, he ought to assume automatic candidacy of the party after the winner of the primary election, Isiaka Gold, withdrew from the race. Jimoh said he scored the second highest number votes in the primary election and that Saraki was neither screened nor cleared to contest for the party's ticket for the general election.

In a 48 paragraph affidavit, the plaintiff said that at the close of nomination for the primary election on December 29, 2010, he and Isiaka Gold were the only nominated candidates and were cleared to contest the primary election. He said they contested the primary election on January 7 and Gold won with 1,064 votes. According to Jimoh, he was later informed on January 28 of Gold's withdrawal from the General Elections and a proposed re-run primary election on Saturday, January 29.

Jimoh said Saraki and one Yunus Abdulrahman later contested the fresh primary election, although they were not aspirants at the close of nomination and screening on December 29, 2010 or the primary election on January 7.

He went on to say that by the regulations of PDP on re-run primaries, only aspirants, who were cleared to contest and who actually contested the primaries were eligible to participate in the re-run election. With the withdrawal of Gold, it became legally incumbent on the party to return him as the candidate of the party.

Jimoh prayed the court for a declaration that the purported election of Saraki as the PDP senatorial candidate was illegal, unconstitutional, unlawful, null and void and of no effect. He further sought for an order of the court nullifying or setting aside the purported re-run and the election of Saraki as the PDP Senatorial Candidate for Kwara Central Senatorial District

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