In a split judgment of three to two justices, the Supreme Court on Monday declared Senate President, Ahmad Lawan, as candidate of the All Progressives Congress in the February 25 Senatorial election for Yobe North Senatorial District.
The majority decision delivered by Justice Centus Nweze, made the declaration after setting aside both the decisions of the Court of Appeal and trial court which earlier affirmed Bashir Machina as candidate.
According to Nweze, the lower courts lacked the necessary jurisdiction to hear the suits because it was commenced by originating summons, adding that the dispute in the case was one that cannot be resolved without oral evidence, especially in proving allegations of fraud.
But in their dissenting decision, Justices Emmanuel Agim and Adamu Jauro, upheld the concurrent judgment of the lower courts which dismissed the case of the APC.
Reacting to his victory, the Senate President commended the Supreme Court judgement, the leadership of the APC for taking it upon itself to approach the Supreme Court after the judgement of the Appeal Court which had earlier accorded recognition to Machina as the valid APC candidate for Yobe North.
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