Lawan’s Rough Road to Secure APC’s Yobe North Senatorial Ticket

In a split judgment of three to two justices, the Supreme Court, citing technical blunders committed by Bashir Machina’s legal team, has declared Senate President, Dr Ahmad Lawan, as the All Progressives Congress’ candidate for Yobe North Senatorial District. Sunday Aborisade in this piece, chronicles Lawan’s tough journey to victory

The disputed All Progressives Congress (APC) Yobe North Senatorial ticket has been finally laid to rest by the Supreme Court on Monday with it’s affirmation of the Senate President, Dr Ahmad Lawan, as the validly nominated candidate for the February 25, 2023 National Assembly elections.

The judgement, in effect, set aside the earlier judgements of the lower courts which declared Machina as the candidate.

The majority decision delivered by Justice Centus Nweze, set aside both the decisions of the Court of Appeal and trial court which earlier affirmed Machina as the candidate.

Nweze declared that the lower courts lacked the necessary jurisdiction to hear the suits because it was commenced by originating summons.

He clarified that the dispute in the case was one that cannot be resolved without oral evidence, especially in proving allegations of fraud.

However , in their dissenting decision, Justices Emmanuel Agim and Adamu Jauro, upheld the concurrent judgment of the lower courts which dismissed the case of the APC.

They held that the lower courts were right in declaring Machina as rightful candidate for the Yobe North election since, Lawan never participated in the APC primary held on May 28, 2022, when he withdrew voluntarily to participate in the presidential primary held on June 8, 2022.

The minority decision said the conduct of another primary on June 9, 2022 where Lawan emerged was in breach of Section 84 (5) of the Electoral Act as the APC never cancelled the May 28 primary before organising another, which later produced Lawan.

Justices Jauro and Agim therefore deemed the conduct of the second primary held on June 9 as illegal.

The minority decision further stressed that Lawan can not emerge as candidate in a primary election where he never took part in.

A declarative order from the minority decision awarded the cost of N3 million against the APC for bringing a suit that is incompetent.

Nevertheless, the majority verdict was upheld and Machina lost the ticket to Lawan.

Speaking with journalists after the judgement had been delivered, Lawan said it was victory for his party, (APC) and democracy.

According to him, “The Supreme Court Judgement of today on Yobe North is a victory for all APC members in Yobe State and across the country.

“What happened was democracy at work. The lower courts gave their various judgements and then the Supreme Court gave the final judgement.

“I want to commend the Supreme Court and infact the judiciary generally for delivering this kind of judgement to strengthen our democracy.

“Let me take this opportunity to thank our party, the All Progressives Congress(APC) for taking this matter to the Supreme Court.

“Actually, I didn’t, as an individual, go to the Supreme Court to seek redress. But my party did and my people, the people of Yobe North and Yobe State generally and many political associates and well wishers and supporters across the country who showed interest that there has to be an appeal at the Supreme Court on this matter.

“So today, this victory is for all of us involved. I am the symbol but the victory is for our party, the APC and for democracy.

“I want to thank all my colleagues in the Senate for the support, for the love, for the partnership and I want to recommit myself to ensuring that the leadership of the Senate will continue to lead very well, will always be appreciative of our colleagues who have given us the mandate to lead the ninth Senate.

“Now, we will be looking at the 25th of February when the Presidential and National Assembly elections will take place. By the Grace of God, Nigeria will vote APC once again.

“On the 25th, the Presidential candidate of the APC, Asiwaju Ahmed Bola Tinubu, Jagaban Borgu, will be voted the President of Nigeria by the Grace of God, alongside Distinguished Senator Kashim Shettima, our brother, who is the vice Presidential candidate.

“And when it comes to the Senatorial candidate and House of Representatives, you know what it will be. It will be a landslide majority for the Senate APC and at the same thing landslide majority of members in the House of Representatives.

“We intend to continue to give Nigeria leadership. To continue with those programmes and projects that we have been doing very well and re-think, re-work and re-tool those that we think we have not done very well. This, I believe, will make Nigeria better.”

Efforts to speak with Machina failed as of the time of filing this report but the Yobe chapter of the APC has set up a reconciliation committee to reach out to him and his supporters.

The Chairman of the party in the state, Mohammed Gadaka, told newsmen that reconciliation was the immediate measure that the party would adopt at the moment instead of going about celebrating victory.

Gadaka noted the decision of the Supreme Court is victory for the party and not against any individual, stressing that the party will work very hard to deliver victory at the polls on February 25.

He said the deputy chairman of the party, Alhaji Mohammed Ala-Mai, will chair the reconciliation committee, while the Political Adviser to Governor Mai Mala Buni, Alhaji Aji Bularafa, will serve as secretary of the committee. APC Yobe Secretary, Abubakar Bakabe, will also serve as a member in the committee.

Lawan had after the verdict of the Appeal Court, vowed not to challenge the Appellate Court judgment but the APC filed a suit against the candidature of Machina before the apex court as it claimed Lawan was the authentic Senatorial candidate for Yobe North in the 2023 election.

 The APC approached Supreme Court after both the Federal High Court and the Appeal Court had upheld Machina’s victory at the APC primary election.

The counsel for the APC, Sepiribo Peters, at the last hearing had argued that the primary election held on 28 May last year which produced Machina was in breach of the Electoral Act 2022.

Peters contended that one Danjuma Manga who conducted the primary election which produced Machina was not nominated by the National Working Committee (NWC) of the party.

He told the court that the APC cancelled the primary poll on account of the irregularities observed during the exercise.

Peters argued that the other primary held on 9 June was conducted by the APC NWC, and produced Lawan as the party’s authentic candidate.

However, Machina’s lawyer, Sarafa Yusuf, prayed the Supreme Court to dismiss the appeal for lacking in merit on the ground that the Senate President did not challenge the suits at both the trial and lower courts.

He also pointed out that Manga who conducted the primary election where Machina emerged, was a member of the NWC-appointed Committee to carry out the exercise.

Justice Centus Nweze, however, in a majority judgment of the Supreme Court on Monday faulted the approach of Machina in commencing the suit at the Federal High Court Damaturu division by way of originating summons and without oral evidence to prove allegations of fraud.

 The Justice thereafter declared Senate President Lawan as the authentic APC candidate for Yobe North.

Nigerians immediately after the verdict on Monday, took to their Twitter handles to lash out at the Supreme Court.

The younger generation expressed mixed reactions, on their Twitter handles.

For instance, @JosephOnuorah wrote, “My people – I am dumbfounded by this Supreme Court Judgement – What is really happening in Nigeria? @YesufuYesufu1 wrote, “Our Supreme Court is just taking advantage of the fact that it’s the Court of final resort.

 @ujunwa, wrote, “ One of Nigerians biggest problems is the Judiciary, Imagine going to court with someone who actually contested for primaries and won, and the Supreme Court declares me winner, me that did not do primaries!!!

@AM_Saleeem wrote, “Recall; Ahmad Lawan didn’t participate in the primaries, he resigned contested for President and later came back to reclaim his position. I’m losing hope in the forthcoming elections already.”

@MercyEgbai wrote, “Just as Hope Uzodinma of imo State is known and addressed as the Supreme Court administrator, Ahmad Lawan will be known as the Supreme Court Senator if elected. The APC have destroyed our judiciary and the country at large”

However, @adamugarba, wrote, “ I congratulate Senator Ahmad Lawan on his Supreme Court victory. I marvelled as to the bank of legislative experience we could have lost if Lawan didn’t come back to the senate. It’s God’s will”

@Marvy_olu wrote, “Machina won the senatorial ticket unopposed. Ahmad Lawan lost his cabal-induced presidential bid and decided to hijack Machina’s ticket. Both the Federal High Court and Court of Appeal affirmed Machina’s victory. How did the Supreme Court get so compromised?”

 @novieverest wrote, “Do you know the funny thing about Machina’s loss? It was done at the Supreme Court so he can’t appeal. They didn’t do the scheme at the lower courts. So people can be outraged but nothing can stop Ahmad Lawan.”

However, a constitution lawyer, Kayode Ajulo, cautioned Nigerians against venting their anger against the Supreme Court justices.

He said, “Let’s be real and reason like lawyers, most of these comments targeted against the Supreme Court’s decision under reference are misconceived, particularly from the perspective of the law.

The Supreme Court only delivered judgement based on the case presented before them. And it is a sound judgement.

The concept of justice is not about a crying baby who runs to his sweet mother. Unlike the empathetic mother, the Supreme Court has the obligation to decide any matter based on its peculiarities.

“To say in public, like some have been doing, that the judgement is ridiculous is contemptuous. A better appreciation of our justice system will reveal that what the court considers is cold facts and not emotions.

If anyone should be blamed for the controversy this decision has generated, it is the political party, APC. The whole world is aware that Ahmad Lawan participated in the APC presidential primaries.

“Pursuant to section 115(d) of the Electoral Act, a candidate cannot be nominated in two elections. So, it was the party that decided to forward Ahmad Lawan’s name to INEC, that ironically Ahmad Lawan as the Senate president and other law makers created”.

Ajulo added that Bashir Machina, feeling cheated, was within his right to recover his mandate.

However, he said the facts of the case remains that the grouse of Machina deals with fraud and should have been instituted by way of Writ of Summons and not Originating Summons like Bashir Machina did.

He said, “Although the Federal High Court practice direction says that Pre-election matters be instituted by way of Originating Summons, the Supreme Court has held in a plethora of authorities that the Rules of Court supersedes a practice direction. And by the rules of Court, an allegation of fraud should be brought by way of Writ of Summons. This has been the consistent holding of the Supreme Court in a plethora of matters and it won’t stop now.”