The Supreme Court has affirmed Senate President, Ahmad Lawan, as the candidate of the All Progressives Congress (APC) for Yobe North Senatorial District.

Justice Centus Nweze, in a judgement delivered on Monday, 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 apex court also set aside the decision of the Appeal Court, Gombe Division, which affirmed the decision of the trial court that declared Machina as the senatorial candidate for Yobe North.

The lead majority judgement of three justices against two, set aside the verdict of the Court of Appeal Abuja Division, which had on November 28, 2022, affirmed Bashir Machina as the authentic APC senatorial candidate for Yobe North in the forthcoming general election.

However, Justices Adamu Jauro and Emma Agim disagreed with the lead decision and consequently entered a dissent judgement, by dismissing the appeal of APC and affirming the concurrent findings of fact of the trial and appellate courts.

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Justice Monica Dongban-Mensen, who presided over a three-member panel of the appellate court, gave 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 Machina as the winner of the primary election organised by the party on May 28, 2022.

However, having lost the APC presidential primaries to Bola Tinubu, the party opted for 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 (INEC) as its senatorial candidate for Yobe North.

Not satisfied with the decision of his party, Machina headed to court to seek redress.

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 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 Machina.

Consequently, the judge ordered the APC to forward the name of Machina to INEC as the authentic winner of the primary election for Yobe North.

The Star