Anthony Iwuoma
The Supreme Court has restored the candidature of Senate President, Ahmad Ibrahim Lawan, as the Senatorial candidate of the All Progressives Congress, APC, for Yobe North Senatorial District.
With a split judgment of three to two on Monday, the Apex Court nullified and set aside the judgments of the Federal High Court and the Court of Appeal, which affirmed Bashir Sheriff Machina, who won the party primaries on May 28 last year and emerged as the APC candidate.
Three of the Supreme Court justices voided the two earlier judgments on the grounds that Bashir Sheriff Machina adopted originating summons to invoke his case at the Federal High Court.
According to Justice Centus Chima Nweze, who delivered the majority judgment of the apex court, Machina ought to have begun his case at the Federal High Court with a Writ of Summons, considering the grievous allegations in his suit against the defendants.
He posited that hostile issues were involved in Machina’s matter that were beyond 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 in right in their findings and declared Machina as Senatorial candidate for the APC for the Yobe North Senatorial District.
The two Justices held that Machina was lawfully nominated because the primary election of May 28, 2022, which produced him was lawfully conducted in line with the provisions of the law.
The two justices declared illegal the June 9, 2022 primary election where Lawan emerged because the APC did not cancel the May 28 primaries, which produced Manchina, insisting that it breached section 285 of the Constitution.
With a split judgment of three to two on Monday, the Apex Court nullified and set aside the judgments of the Federal High Court and the Court of Appeal, which affirmed Bashir Sheriff Machina, who won the party primaries on May 28 last year and emerged as the APC candidate.
Three of the Supreme Court justices voided the two earlier judgments on the grounds that Bashir Sheriff Machina adopted originating summons to invoke his case at the Federal High Court.
According to Justice Centus Chima Nweze, who delivered the majority judgment of the apex court, Machina ought to have begun his case at the Federal High Court with a Writ of Summons, considering the grievous allegations in his suit against the defendants.
He posited that hostile issues were involved in Machina’s matter that were beyond 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 in right in their findings and declared Machina as Senatorial candidate for the APC for the Yobe North Senatorial District.
The two Justices held that Machina was lawfully nominated because the primary election of May 28, 2022, which produced him was lawfully conducted in line with the provisions of the law.
The two justices declared illegal the June 9, 2022 primary election where Lawan emerged because the APC did not cancel the May 28 primaries, which produced Manchina, insisting that it breached section 285 of the Constitution.
Moreover, they they held that Lawan had in letter to APC voluntarily withdrawn his participation in the primary election for the presidential election.
They contended that INEC was confirmed that it witnessed the May 28 primary election that produced Machina but did not witness that of June 9, 2022 because APC did not notify it to that effect.
They, therefore, dismissed the appeal by the APC for being incompetent and unmeritorious.
They contended that INEC was confirmed that it witnessed the May 28 primary election that produced Machina but did not witness that of June 9, 2022 because APC did not notify it to that effect.
They, therefore, dismissed the appeal by the APC for being incompetent and unmeritorious.