The Federal High Court sitting in Damaturu, the Yobe State capital, yesterday adjourned for judgment on the case between Bashir Machina and Senate President Ahmad Lawan.
Justice Fadima Murtala Aminu, after listening to the arguments by the defence council, ruled that the judgment date would be communicated to the parties.
The Nation reports that Machina had filed a suit against his party, the All Progressives Congress (APC), and the Independent National Electoral Commission (INEC), to compel the latter to uphold his nomination as well as his party not to substitute his name as the valid winner of APC’s primary election conducted on May 28, 2022.
Counsel to Lawan, Mr. Ahmed Raji (SAN), had prayed the court to strike out the case because it was filed out of time.
He said: “The case was heard on merit. The objections were taken and, essentially, our objection is to the fact that the matter is statute barred because it was not filed within 14 days stipulated by the Constitution.
“We also debunked the argument where they were alleging that Senate President Lawan was a candidate in one primary before coming to this one to be a candidate. 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 candidacies, which never happened 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. It’s now left for INEC, based 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 June 9, 2022, is to be affirmed. This is because the one of May 28, 2022 has not been proved. That is our argument,” Raji said.
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But counsel to Machina, Mr. Ibrahim Bawa (SAN), said his client’s request is for 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 the May 28, 2022 election.
“If I don’t have a good case, I don’t come to court. I believe this is another good case that I have and I am confident that judgment will be in my favor.
“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 May 28 and it was complied with. INEC monitored it and produced a report.
“If there is a specific notice of another primary on June 9, 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.