The All Progressives Congress (APC) senatorial candidate for Yobe north has been confirmed by the supreme court to be Senate President Ahmad Lawan.
The apex court accepted the challenge made by the APC against Bashir Machina’s candidacy in a majority decision rendered on Monday.
Three of the five judges who made up the panel that rendered the ruling agreed with the APC’s argument that the trial court’s lawsuit shouldn’t have been filed using an initiating summons because it contained charges of fraud.
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Centus Nweze said;
The bedrock of the suit shows that there were allegations of fraudulent practices against the appellants.
That the 1st respondent accused the APC of fraudulently substituting his name with that of Lawan.
Where there is an allegation of fraud it should not be commenced by an originating summons.
There was a need to call witnesses to prove allegations of fraud.
However, Adamu Jauro and Emmanuel Agim, two judges of the supreme court, affirmed the judgment of the court of appeal.
Agim said;
I affirm the brilliant judgment of the appellate court as to the appropriateness of the use of originating summons.
Agim said relevant facts showed the withdrawal of the senate president from the senatorial race to pursue his presidential bid.
He said facts also showed that Machina won the senatorial primary, adding that the APC did not give INEC 21 days mandatory notice before going ahead to conduct another primary election on June 9.
He said the party did not cancel the May 28 election before going ahead to conduct another primary election.
The justice also noted that INEC was absent and did not monitor the June 9 election.
The appellant has not contradicted that findings of fact are perverse or unreasonable.
The failure to challenge the findings of facts defeats the entire appeal.
