Court transfers eligibility suit against Sen. Raji-Rasaki

The Federal High Court in Ado Ekiti on Thursday transferred the eligibility suit against the Senator Representing Ekiti Central Senatorial District, Mrs. Fatimat Raji-Rasaki, to Ekiti State High Court for determination.

Justice Isaq Sani gave the judgment in a suit filed through an originating Summons by a senatorial aspirant of the Peoples Democratic Party, Mr. Lateef Ajijola.

Ajijola claimed he won the primaries, so Raji-Rasaki could not have been accepted as the PDP senatorial candidate for the last elections by the Independent National Electoral Commission.

The INEC, PDP and Raji-Rasaki, who is now a member of the Senate, were listed as first, second and third defendants respectively in the case.

Justice Sani said he relied on the discretionary powers of the Federal High Court as vested on it by Section 251 of the 1999 Constitution to transfer a case it has no jurisdiction over to a State Court of the same hierarchy.

“The issue of jurisdiction of a court over this case is very essential. It is the foundation on which a case is rested.

“The defendants’ counsel formulated two reliefs. He said the case should either be dismissed or be transferred to Ekiti State High Court for the Chief Judge to reassign for trial of the substantive matter.

“I relied heavily on this submission and this case is hereby transfer to Ekiti State High Court, so that the Chief Judge can reassign it for further hearing,” Justice Sani said.

The Plaintiff’s Counsel, Olalekan Olatawura, had asked the court to determine who actually won the primaries and who ought to be nominated by the party for the March 28 senatorial contest?

But in his reply, the Defendants’ Counsel, Mr. F.C Onigbanjo (SAN), argued that all the reliefs being sought by the plaintiff revolved around the powers of INEC to monitor the primaries in line with the paragraph 15 of the third schedule of the Electoral Act and powers by political party to conduct primaries as vested on it by Section 6(5) of the Constitution.

He urged the court to either dismiss the case or transfer same to the Ekiti State High Court for reassignment and determination of the subject matter