A’Court Affirms Machina as APC’s Candidate for Yobe North Senatorial Ticket
Alex Enumah in Abuja
The Court of Appeal, Abuja, has affirmed Hon. Bashir Machina as the authentic candidate of the All Progressives Congress (APC) for the Yobe North Senatorial District election slated for February 25, 2023.
The appellate court, in a unanimous decision, upheld the judgment of a Federal High Court in Damaturu, Yobe State which sacked Senate President, Ahmad Lawan, as the candidate of the APC in the said senatorial poll.
The judgment delivered by the president of the appellate court, Justice Monica Dongban-mensem, agreed with the trial court that Lawan did not participate in the May 28 primary recognised as the authentic primary for the selection of the party’s candidate in the forthcoming senatorial election.
The three-member panel of the appellate court further declared as invalid the primary election conducted by the APC on June 9, which produced the Senate President, describing it as a breach of the constitution.
The judgment noted that contrary to the provisions of the law, INEC did monitor the primaries of June 9 that produced Lawan.
The APC had approached the appellate court for an order setting aside the judgment of the Federal High Court in Damaturu, Yobe State and another order declaring Lawan as its candidate for the Yobe North Senatorial District election.
However, Justice Dongban-mensem held that: “The appeal is unmeritorious as it fails in its entirety”, adding that the appellant (APC) should pay the sum of N1 million to Machina as cost.
Machina had emerged victorious at the party’s primary election for the senatorial ticket, while the Senate President lost the presidential ticket to former Lagos State Governor, Senator Bola Tinubu.
However, the party conducted a fresh primary for the Yobe North Senatorial seat on June 9, which was won by Lawan and his name subsequently forwarded to the Independent National Electoral Commission (INEC) as the candidate of the APC for the said senatorial district election, an action which resulted in the current litigation.
But, the electoral umpire refused to accept the nomination of Lawal as the candidate of the APC in the election.
The Senate President had in September stated that he would not appeal the judgment of Justice Fadimatu Aminu of the Federal High Court, Damaturu, which had on September 28, 2022, declared
Machina as winner of the primary election organised by the APC in May this year.
