GOVERNORSHIP candidate of the Peoples Democratic Party (PDP) in Kebbi State, Gen. Bello Sarkin-Yaki (rtd), has filed a legal action at the Federal High Court in Abuja, asking the court to nullify the election of Atiku Bagudu as the state governor.

The plaintiffs in the case are Mr. Anthony Itanyi, Sahabi Sani Sami and Maj. Gen. Bello Sarkin Yaki (rtd), who came second in the election.

Joined as second and third defendants in the suit are All Progressives Congress (APC) and Independent National Electoral Commission (INEC). The PDP candidate is challenging the qualification of Governor Bagudu to contest the April 11, 2015 governorship election in the state.

Sarkin-Yaki, had through his lawyer, Anthony Anih (SAN), filed the suit and prayed the court to set aside or nullify all the privileges addressed to the governor by reason of not qualifying to contest the election.

The plaintiff also asked the court to declare that by reason of alleged false information given by the defendant in INEC form C.F.001, particularly in part E, item number 2, that the defendant by virtue of section 31 sub (6) of the Electoral Act 2010 is disqualified from contesting the election.

Sarkin-Yaki asked the court to declare all the votes in favour of the defendant during the election wasted and therefore declare him winner of the poll as the candidate who got the second highest number of votes.

In his argument, Bagudu, who filed a preliminary objection through his counsel Rickey Tarfa (SAN), submitted that the plaintiff lacked the locus standi to institute the case.

The defense counsel said: “By virtue of provision of section 308 of the 1999 constitution as amended, no civil proceedings can be instituted against a state governor.”

Tarfa also argued that the court lacks jurisdiction to entertain the matter, urging the court to strike out the case for lack of jurisdiction.

The plaintiff’s counsel informed the court that the defendants only served them with their notice of preliminary objection in court and they needed time to respond accordingly.

Justice Adeniyi Ademola, however, adjourned the case to February 2, 2016.