The Supreme Court has declared President of the Senate Ahmad Lawan as Yobe APC senatorial candidate.
The apex court allowed the appeal filed by the APC against Bashir Machina’s candidature.
In 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.
According to the apex court, the bedrock of the suit shows that there were allegations of fraudulent practices against the appellants.
Background
A Federal High Court, sitting in Damaturu, had earlier declared Bashir Machina as candidate of APC for Yobe North Senatorial District.
The court said the President of the Senate Ahmad Lawan did not participate in the legally recognized primary election of the APC held on May 28, 2022.
On November 28, 2022, the court of appeal sitting in Abuja upheld the judgement of the lower court and affirmed Mr Machina as the authentic candidate of the All Progressives Congress, APC.
The three-member panel of the appellate court led by Justice Monica Dongban-Mensem, said the primary election conducted by the party on June 9 was invalid and in breach of the constitution.
The court also ordered the appellant, APC, to pay the sum of N1million to the 1st respondent, Bashir Sheriff, as cost.
In October, the Yobe State APC chairman, Mohammed Gadaka, had rejected the decision of the Senate President not to appeal the High Court judgment.
