The Supreme Court has declared Senator Ahmad Lawan the authentic candidate of the All Progressives Congress (APC) for the Yobe North Senatorial ticket.
In a judgment delivered by Justice Centus Nweze Monday, the apex Court faulted the approach of Bashir 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.
In the majority decision, the apex Court also set aside the decision of the Appeal Court, Gombe Division, which affirmed the decision of the trial court that declared Machina the Senatorial Candidate for Yobe North.
But in a dissenting decision by Justices Emmanuel Agim and Adamu Jauro, the apex Court said Ahmad Lawan never participated in the APC primary held on 28 May, as he withdrew voluntarily to participate in the presidential primary held on 8 June 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 that held on 28 May before organizing another.
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 N3million against the APC for bringing a suit that is incompetent.
Meanwhile, Ahmad Lawan has hailed the decision of the apex Court, describing it a victory for democracy.
