•Senate president hails supreme court, says judgment will strengthen democracy
Alex Enumah and Sunday Aborisade in Abuja
In a split judgment of three to two justices, the Supreme Court on yesterday declared Senate President, Ahmad Lawan as candidate of the All Progressives Congress (APC) in the February 25 Senatorial election for Yobe North Senatorial District.
The majority decision delivered by Justice Centus Nweze, made the declaration after setting aside both the decisions of the Court of Appeal and trial court which earlier affirmed Bashir Machina as candidate.
According to Nweze, the lower courts lacked the necessary jurisdiction to hear the suits because it was commenced by originating summons, adding that the dispute in the case was won that cannot be resolved without oral evidence, especially in proving allegations of fraud.
But 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 rights 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.
“I affirm the brilliant judgment of the appellate court as to the appropriateness of the use of originating summons,” Agim said.
The minority decision held that 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 organizing another.
According to the minority judgment, while the APC did not give INEC 21 days’ mandatory notice before going ahead to conduct another primary election on June 9, no official of the electoral umpire monitored the latter primary.
Justices Jauro and Agim therefore deemed the conduct of the second primary held on June 9 as illegal.
While stressing that “the appellant has not contradicted that findings of fact are perverse or unreasonable,” Agim held that “the failure to challenge the findings of facts defeats the entire appeal.”
He went ahead to make a declarative order of N3 million cost against the APC for bringing a suit that is incompetent.
Machina had approached the Federal High Court to declare him as the authentic senatorial candidate for Yobe North following the refusal of his party to send his name as rightful candidate for the party.
While he had emerged winner of the May 28 primary, Lawan had emerged from the June 9 primary.
Amid the controversy, the APC submitted the senate president’s name to the Independent National Electoral Commission (INEC) as the candidate for Yobe north.
The electoral commission subsequently refused to list any candidate for the district.
In September, a Federal High Court in Damaturu, the Yobe State capital, ordered the APC and INEC to recognise Machina as the candidate.
Similarly, on November 28, 2022, an Abuja court of appeal affirmed Machina’s election as the candidate of the APC for the Yobe north senatorial district.
However, not satisfied, the APC appealed the appellate court’s judgment.
In his reaction, the president of the Senate yesterday, commended the Supreme Court judgement which declared him as the validly nominated candidate of the APC for the Yobe North Senatorial District.
Speaking with journalists in Abuja, Lawan commended the leadership of the APC for taking it upon itself to approach the Supreme Court after the judgement of the Appeal Court which recognised Machina as the APC candidate.
He said, “Let me start by thanking God for his blessing and of what had happened today in the Supreme Court. The judgement on Yobe North particularly, is a victory for APC in Yobe and generally APC across the country.
“What happened was democracy at work and the courts gave their various judgements and of course the Supreme Court gave the final judgement.
“I want to at this point commend the Supreme Court and of course the judiciary generally for making this kind of Judgment to strengthen our democracy.
“This is because it is not only for politicians to work and strengthen democracy it is all of us and all the institutions have their roles to play.
“Let me take this opportunity to thank the All Progressives Congress our party for taking this matter to the Supreme Court.
“Actually, as an individual, I didn’t go to the Supreme Court to seek for a redress but my party did and my people in Yobe North and Yobe State generally and many political associate and well-wishers across the country.
“Apart from that, there had been an appeal at the Supreme Court on this matter. So today, it is a victory for all of us involved.
“I am the symbol but the victory is for our party, the APC and for democracy.”
Lawan also commended journalists for their supports throughout the period of the trial.
He said, “This ninth Senate has been a very productive Senate and our colleagues have shown interest in what has been happening in this Senate.
“I thank all my colleagues in the Senate for the support and the love for the partnership and I want to recommit myself to ensuring that the leadership of the senate to continue to lead very well.
“We will always be appreciative of our colleagues who gave us the mandate to lead the 9th National Assembly.
“We will be looking at the 25th of February when the Presidential and the National Assembly elections will take place.
“By the Grace of God, Nigerians will Vote APC once again. On the 25th the presidential candidate of the APC Asiwaju Ahmed Bola Tinubu Jagaban Borgu, will be voted in as President of Nigeria by the grace of God alongside distinguish Senator Kasim Shettima who is the vice presidential candidate.
“When it comes to the senatorial and House of Representatives, you know what it will be. It will be a landslide majority for the APC and the same thing for the House of representatives.
“We will continue to give Nigeria leadership to continue with those programmes and projects that we have been doing very well and rethink and retool those that we think we have not done very well. This I believe will make Nigeria better.”
