Law & Human Rights

Appeal Court affirms Machina as APC candidate for Yobe North

The Court of Appeal in Abuja has affirmed Bashir Sheriff Machina as the authentic candidate for Yobe North Senatorial District of the All Progressives Congress (APC).

The court upheld the judgment of the Federal High Court 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 the 2023 election into the National Assembly (NASS).

The Federal High Court had submitted that Mr Lawan did not participate in the legally recognised primary election of the APC to select its candidate for Yobe North Senatorial District in the election which held on 28th May 2022.

In its judgment on Lawan’s appeal, a three-member panel of the Appeal court led by justice Monica Dongban-Mensem 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 INEC.

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.

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