The Court of Appeal, Abuja Division will today deliver Judgment in the long drawn legal battle between Senator Abubakar Bukola Saraki and Alhaji Lasisi Ayinla Kolawole Jimoh over the disputed Kwara Central Senatorial District election.

The appeallate court will today determine the authentic candidate of the Peoples Democratic Party  (PDP) in the 2011 General Election between the two PDP chieftains.

The court yesterday issued a hearing notice on the judgement to the chambers of counsels engaged by parties in the legal action.

At the last hearing of the matter Sarakai had asked the Court of Appeal to decline jurisdiction in the appeal by Jimoh, on the ground that the appellant lacked locus standi to institute the case against him.

Saraki had told the court that the appellant did not participate in the last National Assembly election in Kwara State and therefore cannot challenge the outcome of the election.

He also argued that the primary election that produced him (Saraki) was a domestic affair of the PDP, which cannot be inquired into by any court.

In his response to the appeal case against him, Saraki, who was the immediate past governor of Kwara state, faulted the suit that brought about the appeal, claiming that it was instituted at the federal high court six days to the constitution of the Kwara State National Assembly Election Petition Tribunal.

In his response was filed by his counsel, Prince Lateef Fagbemi (SAN), Saraki insisted 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.

He asked specifically asked the Appeal 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.

Saraki then asked the court to dismiss the suit.

Jimoh had filed a suit at the Federal High Court in Abuja to challenge the nomination of Saraki as the PDP flag bearer on the ground that a bye election that produced him was not conducted in accordance with the law.

The trial court sitting before Justice Ibrahim Auta, upheld the nomination of Saraki by PDP and dismissed Jimoh’s suit for being baseless, frivolous and disclosing no cause of action.

In his judgment delivered March 30, 2012, Justice Auta held that the suit failed to disclose any irregularity, fraud or malpractices in the process that produced Saraki.

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 votes and that the plaintiff (Jimoh) came second with 12 votes.

Justice Auta also agreed that there was a bye election by the PDP following the resignation of Alhaji Isiaka Gold as the party’s candidate and won by Saraki to emerge as the new PDP senatorial candidate for the zone.

The court disagreed with the claim of the plaintiff that the bye-election was not conducted according to the Electoral laws.

Justice Auta said from the evidence adduced by the plaintiff, he did not establish any wrong doing against the senator, PDP and the Independent National Electoral Commission (INEC) he jointly sued.