The supreme court has affirmed Senate President, Ahmed Lawan, as the All Progressives Congress senatorial candidate for Yobe north.In a judgement delivered on Monday, the apex court allowed the appeal filed by the APC against Bashir Machina’s candidature.
The Apex Court had last Wednesday fixed February 6, for final judgment in the long-drawn legal battle.
Delivering the judgment, three out of a five-member panel concurred with the position of the APC that the suit at the trial court ought not to have commenced via an originating summons since it contained allegations of fraud.
In the lead judgement, Justice Centus Nweze 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.
Nweze said, “The bedrock of the suit shows that there were allegations of fraudulent practices against the appellants.
That the 1st respondent accused the APC of fraudulently substituting his name with that of Lawan. Where there is an allegation of fraud it should not be commenced by an originating summons.
There was a need to call witnesses to prove allegations of fraud,” he added.
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.