With a split judgment of three to two, the Supreme Court has restored the Senate President, Ahmad Lawan as the Senatorial candidate of the ruling All Progressives Congress APC, for Yobe North Senatorial District.
The apex court in the country voided and set aside the judgments of the Federal High Court and the Court of Appeal which affirmed Bashir Sheriff Machina as the APC candidate, after he won the May 28, 2022 senatorial primaries.
The ground of voiding the two earlier judgments by the Supreme Court’s new judgment was that Bashir Sheriff Machina adopted originating summons to invoke his case at the Federal High Court.
Delivering the majority judgement of the Supreme Ocurt, Justice Centus Chima Nweze, held that Bashir Sheriff Machina ought to start his case at the Federal High Court with Writ of summons in view of grievous allegations in his suit against the defendants.
Justice Nweze said that hostile issues were involved in Machina’s matter that cannot be resolved through originating summons.
However, Justices Adamu Jauro and Emmanuel Akomaye Agim disagreed with the majority judgment and held that both the Federal High Court and the Court of Appeal were correct in their findings and declared Machina as APC’S Senatorial candidate for the Yobe North Senatorial District.
The two Justices contended that Machina was lawfully nominated because the primary election of May 28, 2022 was lawfully conducted in line with the provisions of the law.
Justices Jauro and Agim noetd that APC conducted an unlawful primary election because the May 28 primary election was not cancelled before that of June 9, 2022, that purportedly produced Lawan, describing it as illegal, unlawful and a breach of section 285 of the 1999 Constitution.
Besides, they held that Lawan had in an undisputed letter to APC voluntarily withdrew his participation in the primary election for the Presidential election.
They contended that INEC was specific that it witnessed the May 28 primary election that produced Machina but did not witness that of June 9, 2022 because there was no notification from APC to that effect.
They subsequently threw out the appeal by the APC for being incompetent and unmeritorious
