Kwara politics: The legal hurdles scaled by Saraki

Date: 2012-04-23

The internal crisis and power play in the Kwara state chapter of the Peoples Democratic Party ( PDP) over the 2011 election for the Kwara-central senatorial district, may have gradually grinded to a halt with following an Abuja Federal High Court ruling of March 30th, 2012 on the matter. UMAR BAYO ABDULWAHAB takes an overview of the issues involved.

More than one year after the party conducted its primary to elect a candidate for the Kwara-central senatorial election in the April 2011, the issue arising from the primary won by former governor Dr. Abubakar Bukola Saraki, went through the legal trials for a long time until penultimate week when it was finally laid to rest.

The scramble for the seat involved two members of the Peoples Democratic Party (PDP), namely Saraki and Alhaji Lasisi Kolawole Jimoh, that share similarity with the contest for power by the candidate of the Action Congress of Nigeria (ACN), Dr. Ibrahim Yahaya Oloriegbe and Hajiya BIliksu Gambari of the Congress for Progressive Change (CPC) that had earlier like Jimoh, challenged Saraki's victory at the poll but all fell aside as the former governor crossed all the legal battles.

But of all the litigations against Saraki, the petition filed by Jimoh dragged much longer when compared to those filed by Oloriegbe, a former majority leader in the state House of Assembly and Gambari, a princess in the Ilorin emirate, that were resolved in good time at the Appeal court.

A Federal High Court sitting in Abuja had recently dismissed the only petition pending against Saraki by Jimoh in which he prayed the court to declare him the winner of the senatorial seat having emerged the runner-up in the primary.

Bone of contention

The genesis of the internal crisis that erupted between Saraki and Jimoh dated back to January 7, 2011 when the party's primary was conducted and was won by Alhaji Isiaka Gold, who is the present Secretary to the State Government (SSG), while Jimoh emerged the runner- up.

Upon his victory, Gold withdrew from the race, necessitating the conduct of another primary by the party on January 29, 2011 where Saraki contested and won, with the Manging Director, National Pilot Newspaper, AlhajiYunus Abdulrahaman and Jimoh emerging second and third respectively.

Though, Jimoh was not present at the rescheduled primaries held at Ansarul Islam Secondary School, Ilorin, his agent was however present  and after the rescheduled primary, Jimoh approached the court and urged it to declare him winner of the first primary having come second.

He argued that at the time of collecting and submitting of nomination forms for the senatorial election, Saraki was a presidential aspirant adding therefore that his election as the PDP senatorial candidate for the senatorial district at the re-run primary was unconstitutional, null and void.

The court verdict

After series of legal battle to claim the mandate, Jimoh's case ended at the Federal High Court Abuja last month in which the presiding judge, Justice Ibrahim Auta dismissed the petition and affirmed Saraki's election.

Auta, in his ruling held that the suit instituted by Jimoh was baseless and lacked merit as it failed to disclose any irregularity, fraud or malpractices in the process that produced Saraki as the PDP candidate.

The judge noted that there was a primary election conducted by the PDP on Jan 7, 2011, which was won by Gold with 1,064 votes, with the plaintiff, Jimoh, finishing second with 12 votes adding that following Gold's withdrawal as the party's candidate, the party conducted a bye-election, which was won by Saraki, making him the senatorial candidate for the zone.

He therefore disagreed with Jimoh that the bye-election was not conducted according to the provisions of the Electoral Act, holding that from the evidence adduced by the plaintiff himself, he (Jimoh) did not establish any wrongdoing against Saraki, the PDP and the Independent National Electoral Commission (INEC), who were joined in the suit.

Renewed position of Saraki

If the ruling goes down un-appealed as being speculated in some quarters, the case may be permanently laid to rest as the ruling has further confirmed Saraki's position as the new political leader who determines who gets what in the state. This role, was until quite recently, played by his father and Second Republic Senate Leader, Dr. Abubakar Olusola Saraki. Insiders within the PDP are of the opinion that Jimoh's petition was in line with the democratic tenet that allow people the freedom to vent their grievances democratically without resorting to violence.

Nevertheless, there are other schools of thought who believe that party supremacy should be binding on all members in the spirit of loyalty and respect for constituted authorities.

PDP's position

But the party in a statement by it state Publicity Secretary, Alhaji Mas'ud Adebimpe stated that, the verdict of the court has further re-invigorated the party's belief in the rule of law and constitutionalism.

The statement reads in part, ‘‘This ruling has further espoused the beauty of democracy which allows for an individual to express his or her views on issues that bother on right and seek redress where in doubt without any prejudice. The PDP allowed the petitioner to contest the nomination in order to serve as an eye opener and to further educate those who do not have enough knowledge both on the party constitution and the Electoral Act as amended.

"While the Party rejoices once again with the good people of our dear state for the victory and congratulate them for their steadfastness and support, we wish to assure Kwarans that all our representatives you freely elected both at the state and National Assembly would live up to expectations and they would be good ambassadors of all of us."

Opposition views

Why majority in the PDP believed that Saraki is the new political leader not only in the PDP but the state as a whole, those in the opposition are strongly opposed to such claim.

Commenting on the issue, Mr. Sunday Fagbemi of the Congress for Progressive Change, (CPC) said that Saraki is not any way the political leader in the state but acclaim leader of the PDP.

According to him, "Bukola Saraki is PDP leader and the trend will continue as long as the people he is leading are satisfied to serve a family in perpetuity and servitude without really serving the people but their pockets. The day of reckoning is at hand sooner than expected."

Speaking along the same line, Dr. Sa'ad Omoiya, who was the Director General of Dele Belgore Campaingn Organization in the April , 2011, governorship election under the platform of the ACN, said that Saraki's leadership is a temporary one.

He said, "Certainly, Bukola Sarak's leadership either in the PDP or in the state will soon fade away .The tap root of the tree that shot him up is ruptured. It is a matter of time, the dynasty will soon be finally out."

Even at that Governor Alhaji Abdulfatah Ahmed has said that the PDP will not part from the ideals of the Senior Saraki saying, "We have agreed to the concept as laid down by the Grand patron of Kwara politics, Dr. Abubakar Olusola Sarak. That is accepting what the leader has laid down for us."

And for Saraki, who commended the good people of the state for standing behind him, he said the verdict had furthered positioned him to deliver quality and meaningful representation to the people.

Having successfully scaled through three legal hurdles on his election, what is left for Saraki to make quality representation of his people and ensure that democracy dividends get to them.

Source

 


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