The winner of Yobe North senatorial district in the All Progressives Congress (APC) primary organised by the party in May 2022, Mr. Bashir Machina has said that the Supreme Court’s judgement recognizing the senate president, Mr. Ahmed Lawan as the authentic senatorial candidate for the zone as devastating to anyone committed to justice and fairness.
Recall that the apex court had yesterday affirmed Lawan as the senatorial candidate for zone.
In a majority judgment, the court allowed the appeal filed by the APC against Machina’s candidature.
In a majority judgment delivered on Monday, the apex court allowed the appeal filed by the APC against Bashir Machina’s candidature.
Delivering the judgment, three out of a five-member panel agreed with the position of the APC that the suit at the trial court ought not to have commenced via an originating summons since it contained allegations of fraud.
“The bedrock of the suit shows that there were allegations of fraudulent practices against the appellants.
“That the 1st respondent accused the APC of fraudulently substituting his name with that of Lawan.
“Where there is an allegation of fraud it should not be commenced by an originating summons.
“There was a need to call witnesses to prove allegations of fraud,” Justice Centus Nweze who read the lead judgement stated.
Justices Adamu Jauro and Emmanuel Agim affirmed the judgment of the court of appeal.
“I affirm the brilliant judgment of the appellate court as to the appropriateness of the use of originating summons.
Agim said relevant facts showed the withdrawal of the senate president from the senatorial race to pursue his presidential bid,” Agim said.
He said facts also showed that Machina won the senatorial primary, adding that the APC did not give INEC 21 days’ mandatory notice before going ahead to conduct another primary election on June 9.
He said the party did not cancel the May 28 election before going ahead to conduct another primary election.
The judge also noted that INEC was absent and did not monitor the June 9 election.
“The appellant has not contradicted that findings of fact are perverse or unreasonable.
The failure to challenge the findings of facts defeats the entire appeal,” Agim added.
Reacting to the judgement, the deputy campaign coordinator for Bashir Machina campaign team, Mr. Nura Audu, described the court’s verdict as unprecedented and unfortunate in the political history of Nigeria.
“The Supreme Court’s judgement was a daylight robbery, and very unfortunate in the political history of Nigeria.
“Tension is high now; Ahmed Lawan neither obtained and filled the senatorial aspiration form nor contested in the primaries,” he said.
Also reacting, Lawan hailed the judgment of the court describing it as a victory for democracy ahead of the February 25 polls.
He thanked the APC leadership for taking it upon itself to approach the Supreme Court following the Court of Appeal’s decision, recognising Machina, as the party’s senatorial candidate.
“Let me begin by thanking God for his blessing and, of course, for what happened today at the Supreme Court on the judgment on Yobe North. This is a significant victory for the APC in Yobe and the APC in general across the country,” Lawan said.
