In the lead judgement, Justice Centus Nweze faulted the approach of Bashir Machina in commencing the suit at the Federal High Court Damaturu division by way of originating summons and without oral evidence to prove allegations of fraud.
In the majority decision, the apex Court also set aside the decision of the Appeal Court, Gombe Division, which affirmed the decision of the trial court that declared Machina the Senatorial Candidate for Yobe North.
But in a dissenting decision by Justices Emmanuel Agim and Adamu Jauro, the apex Court said Ahmad Lawan never participated in the APC primary held on 28 May, as he withdrew voluntarily to participate in the presidential primary held on the 8 June 2022.
Justice Centus Nweze who read the lead judgement, held that the decisions of the Federal High Court in Yobe and the Court of Appeal in Abuja were perverse and must be set aside.
He added that Machina ought to have commenced his suit by a writ of summons going by the allegations of fraud leveled against the APC in transmitting lawan’S name to INEC.
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