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Senate President Ahmad Lawan has been affirmed by the supreme court as the All Progressives Congress, APC, senatorial candidate for Yobe north.
The apex court in a judgment delivered on Monday allowed the appeal filed by the APC against Bashir Machina’s candidature.
In its judgment, three out of the five-member panel supported the position of the APC that the suit at the trial court not to have started through an originating summons since it contained allegations of fraud.
Centus 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.”
However, Adamu Jauro and Emmanuel Agim, two judges of the supreme court, affirmed the judgment of the court of appeal.
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“I affirm the brilliant judgment of the appellate court as to the appropriateness of the use of originating summons,” Agim said.
According to Agim, relevant facts showed the withdrawal of the senate president from the senatorial race to pursue his presidential bid.
He said facts also showed that Machina won the senatorial primary, adding that the APC did not give INEC 21 days mandatory notice before going ahead to conduct another primary election on June 9.
The justice also noted that INEC was absent and did not monitor the June 9 election.
Agim said, “The appellant has not contradicted that findings of fact are perverse or unreasonable.
“The failure to challenge the findings of facts defeats the entire appeal.”