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From Timothy Olanrewaju, Maiduguri
The Federal High Court in Damaturu, Yobe State has ordered the All Progressive Congress (APC) to submit the name of Alhaji Bashir Machina as the winner of the May 28th party primaries for the Yobe North senatorial district.
Presiding judge, Justice Fadima Aminu in her judgement, declared the purported primaries held on 9th June which allegedly produced Senate President Ahmad Lawan as the APC candidate for the Yobe North Senatorial district as “phantom primary.”
The court, after citing various decided cases as precedent, also ruled on the issue of its jurisdiction to entertain the matter as argued by the counsels to the defendants; INEC (1st defendant), Ahmad Lawan (2nd defendant) and APC (3rd defendant). It said the court cannot robbed itself of its right.
On whether or not the case was filed out of (statute barred), it said the plaintiff; Bashir Machina filed the within the 14 days timeframe when he realized his name was not on the INEC list.
Bashir Machina had filed a suit against the APC, Independent National Electoral Commission and the Senate President, Ahmad Lawan over non inclusion of his name in the list of winners of the primary election held on May 28, 2022
Machina asked the court to declare him as the authentic senatorial candidate of the APC for the 2023 election.
Counsel to Machina, Ibrahim Bawa, a Senior Advocate of Nigeria (SAN) hailed the judgement. He told journalists in Damaturu the court has again given hope for the survival of democracy in the country.
Kolawole Balogun, Counsel to Sen Ahmad Lawan said his team will study the judgement and consult with the Senate President.
Ibrahim Bawa counsel to the plaintiff, Bashir Machina
