The Supreme Court has affirmed 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.
Justice Centus Nweze in the lead judgement 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.
The APC had challenged the nomination of Bashir Machina as the party’s candidate for Yobe North Senatorial District.
It insisted that Lawan was the authentic Senatorial candidate for Yobe North for the 2023 general election.
APC lawyer Sepiribo Peters during appeal argued that the primary election held on 28 May last year which produced Machina was in breach of the Electoral Act 2022.
He 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.
Peters 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.
But Justice Monica Dongban-Mensem led the panel held that the appeal was an abuse of the court process.