The Supreme Court has affirmed the candidature of Senate President, Ahmed Lawan as the right candidate for the All Progressive Congress, APC for Yobe North Senatorial district.
In the lead judgement, Justice Centus Nweze faulted the approach of Bashir Machina in commencing the suit at the Federal High Court Damaturu division by way of originating summons and without oral evidence to prove allegations of fraud.
In the majority decision, the apex Court also set aside the decision of the Appeal Court, Gombe Division, which affirmed the decision of the trial court that declared Machina the Senatorial Candidate for Yobe North.
But in a dissenting decision by Justices Emmanuel Agim and Adamu Jauro, the apex Court said Ahmad Lawan never participated in the APC primary held on 28 May, as he withdrew voluntarily to participate in the presidential primary held on the 8 June 2022.
The minority decision held that in the conduct of another primary on June 9, 2022 where Lawan emerged was in breach of Section 84 (5) of the Electoral Act as the APC never cancelled that held on 28 May before organizing another.
Justice Centus Nweze who read the lead judgement, held that the decisions of the Federal High Court in Yobe and the Court of Appeal in Abuja were perverse and must be set aside.
He added that Mr Machina ought to have commenced his suit by a writ of summons going by the allegations of fraud levelled against the APC in transmitting Mr Lawan’s name to INEC.
But, two other members of the Supreme Court panel, Adamu Jauro and Emmanuel Agim, disagreed with the majority judgement.
In the lead dissenting judgement, Justice Adamu Jauro held that the APC “appeal is devoid of merit.” He slammed a N3 million fine against the APC in favour of Mr Machina
Justice Emmanuel Agim while reading his dissenting view, says the APC’s primary election held on 9 June which produced Mr Lawal was an illegal contraption.
He noted that Mr Lawan’s withdrawal from the Yobe North Senatorial District race on12 May, to vie for the APC presidential ticket automatically disqualified the Senate President from the National Assembly election.
Mr Agim further adds the purported primary election held on 9 June, 2022, was a ruse as it was not monitored by INEC.
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