The Federal High Court sitting in Damaturu has adjourned judgement on the suit between Bashir Machin and Senate President Ahmed Lawan.
The presiding judge, Justice Fadima Murtala Aminu, after listening to all the submissions of arguments by the defense councils, ruled that the judgement date would be communicated to all parties on the matter.
Recall Machina instituted a case against his party, APC and INEC praying the court to compel the independent Electoral Commission to uphold his nomination as well as his party the APC not to substitute his name as the valid winner of the party’s primary elections conducted on the 28/05/2022.
Ahmed Raji, a Senior Advocate of Nigeria, counsel to Ahmed Lawan prayed the court to strike out the case because it was filed out of time.
He said: “The case was heard on the merit, the objections were taken and essentially, our objection is to the fact that the matter is statute barred because it was not filled within 14 days stipulated by the constitution.
“We also debunked the argument where they were alleging that the Senate president, Ahmed Lawan was a candidate in one primary before coming to this one to be a candidate and we say never. He never emerged as a presidential candidate, he was merely an aspirant. What section 115 of the Electoral Act forbids is you holding two candidacy which never happens in this case. In totality therefore, the case is bereft of merit and it’s left for the court to decide.
“We did not come to court, they came to court. So we are saying they did not prove their case so its now left for INEC base on what is available before them to go ahead and announce our client because the authentic primary which was the one that took place on the 9th June, 2022 is to be affirmed because the one of 28th May, 2022 has not been proved. That is our argument,” Mr. Raji said.
Explaining his position, Ibrahim Bawa (SAN), counsel to Bashir Machina said his client is just requesting the court to compel INEC and APC to comply with the provision of the Electoral Act by declaring his client as the authentic winner of May 28, 2022 election.
“If I don’t have a good case I don’t come to court and I believe this is another good case that I have and I am confident that judgement will be in my favour.
“There was no second primary election that was held in Yobe as far as we are concerned. Can you tell me where anybody in Yobe saw where a second primary election was held and where the primary was done.
“The issue of the general and the specific notice of the primary election is very funny. The general notice was given by the party that elections would be held on the 28 of May and it was complied with. INEC monitored it and produced a report. If there is a specific notice of another primaries on the 9th of June, then they are two different things. The first general was complied with and INEC monitored it and produced a report so nobody can say there was a general notice and a specific notice so he is relying on the specific.
“Our prayer is that having won, the electoral Act stipulates that the person should be declared as the winner which was done and the party has no option than to do so. We are therefore asking the court to compel INEC to comply with the law,”. Bawa said.
