Kwara senatorial election dispute goes to Supreme Court The legal tussle over the rightful candidate of the People’s Democratic Party (PDP) for Kwara Central Senatorial District in 2011 may not be over soon, as Alhaji L’aziz Ayinla Koalawole Jimoh has approached the Supreme Court asking it to upturn the judgment by the Abuja Division of the Appeal Court which upheld the judgment of the Federal High Court which confirmed the election of Senator Bukola Saraki as the senator representing the senatorial zone. The appellant, in a notice of appeal filed on his behalf by his counsel, Salman Jawondo, prayed the court to set aside the judgement of the lower court for being a nulity on the ground that it was delivered by a panel of the court other than the one that heard the appeal. He said the apex court that Court of Appeal erred in law “in entertaining and sustaining the issue of lack of jurisdiction of the trial court” raised by Saraki as new issue in utter disregard of his objection, on the ground that the new issue was raised and canvassed by the parties before the trial court but the trial court failed to consider and make pronouncement on it. He also said the Appeal Court erred in law by striking out his suit on ground of lack of jurisdiction base on it reasoning that, “the Appellant’s case in substance relates to the nomination, selection or sponsorship by the 1st respondents (PDP) of its candidate for the National Assembly general election held in April, 2011 in respect of Kwara Central Senatorial District. “The 3rd respondent’s (Saraki) preliminary objection succeeds on the ground of lack of jurisdiction and it is hereby allowed. Since the lower court lacked the jurisdiction to entertain the appellant’s claim, his suit, by way of originating summons in that court ought to have been struck out and it is hereby struck out.
Posted on: Sun, 08 Sep 2013 08:43:45 +0000
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