In split judgments of three to two the Supreme Court has affirmed the president of the Senate, Ahmad Lawan as the authentic candidate of the All Progressives Congress (APC) for the Yobe North senatorial district in the forthcoming 2023 general elections.
The Apex Court in the majority judgment set aside the judgments of the Federal High Court and the Court of Appeal which affirmed Bashir Machina as the candidate having won the May 28, 2022.
Justice Centus Nweze who delivered the lead judgment held that Machina ought to have commenced his case at the Federal High Court with Writ of summons in view of grievous allegations in his suit against the defendants.
However, Justices Adamu Jauro and Emmanuel Agim disagreed with the majority judgment and held that both the Federal High Court and the Court of Appeal were correct in their findings by declaring Machina as APC’S Senatorial candidate for the Yobe North Senatorial District.
The two Justices held that Machina was lawfully nominated on the grounds that the primary election of May 28, 2022 which produced him was lawfully conducted in line with the provisions of the law.
Reacting shortly after the judgment, Lawan hailed the court verdict, describing it as a victory to democracy.
After awarding three million naira cost against APC for filing the appeal, the minority decision therefore dismissed the appeal for being incompetent and lacking in merit.
