The supreme court has affirmed the President of the Senate, Ahmad Lawan, as the authentic senatorial candidate of the All Progressives Congress, APC, for Yobe north.
In a lead majority judgment of three Justices against two, the Apex court set aside the judgement of the Court of Appeal in Abuja, which had on November 28, 2022, affirmed Bashir Sherrif Machina as the authentic APC senatorial candidate for Yobe North in the forthcoming general elections.
The lead majority judgment was delivered by Justice Centus Nweze.
However, Justice Adamu Jauro and Justice Emma Agim disagreed with the lead decision and consequently entered a dissent judgment, by dismissing the appeal of APC and affirming the concurrent findings of fact of the trial and appellate courts.
The President of the Appeal Court Justice Monica Dongban-Mensen, who presided over a 3-man panel of the appellate court, had given the affirmation in an appeal by the APC (appellant) challenging the decision of Justice Fadimatu Aminu of the Federal High Court Damaturu, which had on September 28, 2022, declared Bashir Machina as winner of the primary election organised by the party on May 28, 2022.
However, having lost the APC presidential primary to Bola Tinubu, the party opted for Senate President Ahmed Lawan to replace Machina. But Machina insisted that he would not withdraw for the Senate President.
In the face of the controversy, the APC submitted the Senate President’s name to the Independent National Electoral Commission as its senatorial candidate for Yobe North.
Not satisfied with the decision of his party, Machina headed to court to seek redress.
Specifically, Machina in his suit, asked the court to declare him as the validly elected senatorial candidate of the APC for Yobe North Senatorial District.
Justice Aminu had nullified the parallel primary election that produced Lawan on June 9, 2022, insisting that the National Working Committee of the APC conducted a valid primary election on May 28, which was won by Bashir Machina.
RN
