JUST IN: MACHINA LOSES AS SUPREME COURT AFFIRMS LAWAN AS AUTHENTIC YOBE SENATORIAL CANDIDATE
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In the main decision, Justice Centus Nweze criticized Bashir Machina’s strategy for starting the lawsuit at the Federal High Court Damaturu division through an originating summons and without providing oral evidence to support fraud accusations.
In its majority ruling, the Supreme Court also overturned the Gombe Division of the Appeal Court’s decision, which had upheld the trial court’s designation of Machina as the senatorial candidate for Yobe North.
However, the Supreme Court stated in a ruling by Justices Emmanuel Agim and Adamu Jauro that Ahmad Lawan never took part in the APC primary on May 28 because he resigned willingly to compete in the presidential primary on June 8, 2022.
The minority opinion stated that because the APC did not cancel the primary held on May 28 before holding a new one, the conduct of the primary on June 9, 2022, in which Lawan won, violated Section 84(5) of the Electoral Act.
The APC had contested Bashir Machina’s selection as the party’s nominee for the Yobe North Senatorial District.
The party argued that the legitimate senatorial candidate for Yobe North in the upcoming general election was Ahmad Lawan, the president of the Nigerian Senate.
At the most recent session of the appeal, the party’s attorney, Sepiribo Peters, contended that the primary election, which took place on May 28, 2018, and produced Machina, violated the Electoral Act of 2022.
Peters argued that the National Working Committee (NWC) of the party did not nominate one Danjuma Manga to conduct the aforementioned primary election.
He testified before the court that the APC called off the primary election due to anomalies that were noticed during the process.
He said that the APC NWC conducted the other primary on June 9 and selected Lawan as the legitimate candidate for the party.
The Senate President did not contest the lawsuits at either the trial or lower courts, according to Machina’s attorney, Sarafa Yusuf, who urged the Supreme Court to reject the appeal for lack of merit.
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