APC Yobe North Senatorial Primary: Supreme Court gives it Lawan

… Faults Bashir Machina’s approach to justice

The Supreme Court has affirmed Senate President Ahmad Lawan as the All Progressives Congress (APC) Senatorial Candidate 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.

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.

Peters 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.

He 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 carry out the exercise.

The APC had approached the Court of Appeal in Abuja seeking to nullify the judgment of lower court that declared Machina as APC’s candidate for Yobe North, but the President of the Court, Justice Monica Dongban-Mensem led the panel held that the appeal was an abuse of court process.

Recall  that Machina won unopposed during the senatorial primary organised by the party in May 2022.

But the senate president was said to have participated in another primary organised by the APC after he contested the presidential ticket unsuccessfully in June.

Machina was reportedly asked to step down for Lawan but he insisted that he is the rightful candidate.

Amid the controversy, the APC submitted the senate president’s name to the Independent National Electoral Commission (INEC) as the candidate for Yobe north.

The electoral commission subsequently refused to list any candidate for the district.

Aggrieved, Machina instituted a suit asking the court to declare him as the authentic senatorial candidate.

In September 2022, a federal high court in Damaturu, the Yobe capital, ordered the APC and INEC to recognise Machina as the candidate.

A month later, an Abuja court of appeal affirmed Machina’s election as the candidate of the APC for the Yobe north senatorial district.

Still not satisfied, the APC appealed the appellate court’s judgment.