The Supreme Court has affirmed the Senate President, Ahmed Lawan, as the All Progressives Congress (APC) senatorial candidate for Yobe North in the forthcoming 2023 general election.
In a majority judgment delivered on Monday, the apex court allowed the appeal filed by the APC against Bashir Machina’s candidature.
According to Channels TV, 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.
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.