2023: Appeal court affirms Bashir Machina as APC candidate

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Bashir Sheriff Machina has been confirmed as the genuine All Progressives Congress (APC) candidate for Yobe North Senatorial District by the Court of Appeal in Abuja.

The court upheld the decision of the Federal High Court in Damaturu, Yobe State, that the Senate President, Ahmad Lawan, is not the APC candidate for Yobe North Senatorial District in next year’s election to the National Assembly.

The court had submitted 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 the appeal filed by the President of the Senate, a three-member panel of the appellate 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 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.