Skip to content Skip to footer

Breaking: Machina Loses, Supreme Court Pronounce Lawan As Bona Fide Candidate Of Yobe North

The supreme court has on Monday February 6,  pronounced Senate President Ahmad Lawan as the All Progressives Congress (APC) senatorial candidate for Yobe north.

In a majority judgment delivered on Monday, the apex court allowed the appeal filed by the APC against Bashir Machina’s candidature.

Delivering the judgment, three out of a five-member panel agreed with the position of the APC that the suit at the trial court ought not to have commenced via an originating summons since it contained allegations of fraud.

“The bedrock of the suit shows that there were allegations of fraudulent practices against the appellants,” Centus Nweze said.

“That the 1st respondent accused the APC of fraudulently substituting his name with that of Lawan.

“Where there is an allegation of fraud it should not be commenced by an originating summons.

“There was a need to call witnesses to prove allegations of fraud.”

However, in  dissenting decisions of Adamu Jauro and Emmanuel Agim, two judges of the supreme court, affirmed the judgment of the court of appeal.

“I affirm the brilliant judgment of the appellate court as to the appropriateness of the use of originating summons,” Agim said.

Agim said relevant facts showed the withdrawal of the senate president from the senatorial race to pursue his presidential bid.

He said facts also showed that Machina won the senatorial primary, adding that the APC did not give INEC 21 days mandatory notice before going ahead to conduct another primary election on June 9.

He said the party did not cancel the May 28 election before going ahead to conduct another primary election.

The justice also noted that INEC was absent and did not monitor the June 9 election.

“The appellant has not contradicted that findings of fact are perverse or unreasonable,” Agim said.

“The failure to challenge the findings of facts defeats the entire appeal.”

The APC had challenged the nomination of Bashir Machina as the party’s candidate for Yobe North Senatorial District.

The party insisted that Ahmad Lawan, Nigeria’s Senate President, was the authentic Senatorial candidate for Yobe North for the forthcoming general election.

At the last hearing of the appeal, the counsel for the party, Sepiribo Peters argued that the primary election held on 28 May last year which produced Machina was in breach of the Electoral Act 2022.

Peters contended that one Danjuma Manga who conducted the said primary election was not nominated by the National Working Committee (NWC) of the party.

He told the court that the APC cancelled the primary poll on account of the irregularities observed during the exercise.

He argued that the other primary held on 9 June was conducted by the APC NWC, and produced Lawan as the party’s authentic candidate.

However, Machina’s lawyer, Sarafa Yusuf prayed the Supreme Court to dismiss the appeal for lacking in merit on the ground that the Senate President did not challenge the suits at both the trial and lower courts.

He also pointed that Manga who conducted the primary election where Machina emerged, was a member of the NWC-appointed Committee to carryout the exercise.

The APC had approached the Court of Appeal in Abuja seeking to nullify the judgment of lower court that declared Machina as APC’s candidate for Yobe North, but the President of the Court, Justice Monica Dongban-Mensem led the panel held that the appeal was an abuse of court process.

Show CommentsClose Comments

Leave a comment