The Court of Appeal in Abuja has affirmed Bashir Sheriff Machina as the authentic All Progressives Congress (APC) candidate for Yobe North Senatorial District.
The court upheld the judgment of the Federal High Court sitting in Damaturu, Yobe State which held that the President of the senate Ahmad Lawan, is not the APC candidate for Yobe North Senatorial District in next year’s election into the National Assembly.
The Federal High Court sitting in Damaturu had in September ordered the APC and the Independent National Electoral Commission to recognise Machina as Yobe North senatorial candidate of the party.
The court held that Mr Lawan did not participate in the legally recognised primary election of the APC to select its candidate in the election held on 28th May 2022.
Delivering judgment on Monday,Justice Monica Dongban-Mensen, who presided over a three-man panel, gave the affirmation in an appeal by Lawan, challenging the decision of Justice Fadimatu Aminu of the Federal High Court Damaturu, which had on September 28, 2022, declared Machina as the winner of the primary election organised by the APC in May 2022, while Lawan opted to contest the presidential primary election organised by the APC on June 9.
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Justice Monica held that the primary election conducted by the party on 9th June is invalid as it was in breach of the constitution.
The law is settled as to the involvement of the Independent National Electoral Commission (INEC) in party primaries, which is to monitor, the primaries of 9th June were not monitored by the electoral commission.
The APC made a case at the appellant court for itself and it preferred candidate Ahmed Lawan but failed to make him a co-appellant.
Mr Lawan appeared in the case as the 2nd respondent indicating that he and the APC were working at cross purposes while trying to achieve a goal.
‘The appeal is unmeritorious as it fails in its entirety.”
The appellant (APC) is to pay the sum of N1 million to the 1st respondent (Bashir Sheriff) as cost.