The Federal High Court, Abuja, on Friday held that the nomination of Sen. Bukola Saraki, to contest the Kwara Central Senatorial District Seat on the platform of PDP was lawful.
Delivering judgment, Justice Ibrahim Auta said that the plaintiff did not present evidence to show that the nomination of Saraki was not through bye-election.
“From the evidence before me, it is made clear by the first defendant (PDP) that a bye-election was held to fill the gap when Sola Isiaka, who won the first contest with 1,064 votes decided to pull out.
“The allegation of the plaintiff is circumstantial but he did not prove anything beyond the surface of the originating summons.
“The suit is hereby dismissed for lacking in merit while the nomination of Saraki is considered lawful.
“The nomination of candidates of political parties to contest elective positions are prerogatives of the party.
“The court could only intervene when the process was not followed, `in this instance, the due process was followed.”
“Alhaji Ayinla Jimoh, a PDP aspirant, had challenged the process that brought the immediate past Governor of Kwara State as the Senator representing the District in the April election.
The plaintiff (Jimoh) had claimed that the constitution of the party was violated by the selection of Saraki after Mr Sola Isiaka, who originally won the nomination at the primary stepped down.
He had sought an order of the court to declare him (Jimoh) the lawful candidate of the party, having taken second position in the party’s primary.
The plaintiff further prayed the court to decide whether it was right that the party allowed Saraki to contest the re-run to replace the gap created by Isiaka’s exit.
He further sought an order to declare the re-run of the party primary election held in Ilorin, Jan. 29, 2011, as illegal, unconstitutional, null and void.
The plaintiff had also prayed the court to restrain the PDP from authenticating, recognising, or accepting the result of the re-run primary election and the nomination of the former Governor as the PDP Senatorial candidate for the Kwara Central Senatorial District.
The Independent National Electoral Commission (INEC), the PDP and Saraki were the defendants.