The Supreme Court on Wednesday fixed February 6, 2023 to deliver judgment in the appeal filed by All Progressives Congress, APC, against the concurrent decisions of Court of Appeal Abuja Division and the Federal High Court Damaturu that was in favour Bashir Sheriff .
Both courts have upheld the candidacy of Bashir Sheriff as the rightful candidate of the APC for Yobe North Senatorial District in this month general elections.
Dissatisfied with the lower court decision, APC had challenged the judgments as being in error. Adopting the APC brief of argument on the matter Wednesday, Sekeribo Peter urged the apex court to overturn the decision of the two lower courts and declare the Senate President Ahmed Lawal.
He asked the apex court to hold that the primary election that produced Bashiru Sherriff was fraudulently conducted. However,the appellant counsel could not produce a letter of protest from the party national headquarters condemning the primary election,when asked by the apex court panel.
Also ,Counsel to respondent , Sarafa Yussuf either could not offer satisfactory explanation while the name Bashiru Sherriff appeared in the list of committee that conducted the primary election held May 28,2022
He, however, explained that the person whose name appeared in the committee was not same person as Bashiru Sherriff the candidate and who is the respondent to the appeal.
Yussuf therefore prayed the apex court to dismiss the appeal . He said that APC did not contradict the affidavit deposed to by the Chairman of its Yobe North Senatorial District primary election, Danjuma Manga who conducted the May 28, primary election.
After the parties adopted their briefs the presiding Justice of the five man Cletus Nwaeze adjourned to February 6 for judgment.
Recalled that three-man panel of the Court of Appeal lead by its President , Justice Monica Dagban-Mesah had in a judgement upheld the Federal High Court Damaturu decision that sacked the President of the Senate, Ahmed Lawan.
Consequent upon the judgment the appellate court had ordered the APC to forward the name of Bashiru Sheriff Machina to the Independent National Electoral Commission as the authentic winner of the primary, which was held on May 28, 2022.
The court held that the second primary election conducted by the APC on June 9 was invalid as it was a gross violation of the electoral Act.
The appellate court further stated that it was wrong for APC to make a case for it’s self and it’s preferred candidate, Ahmed Lawan who did not participate in May 28, primary election and same time fails to make lawan a co-appellant in the suit.
Which means that the APC and Lawan are working at cross purposes in the suit while trying to achieve a goal.
The court therefore held that the appeal was unmeritorious as it failed in its entirety and awarded one million as a cost against the appellant APC in favour of the respondent Bashir Sheriff.