The All Progressives Congress (APC) has asked the Federal High Court in Damaturu to dismiss the suit by Bashir Machina against Senate President Ahmed Lawan over the Yobe North senatorial ticket.
Machina, is contending that efforts to replace his name with Lawan’s, who did not participate in the primary of the APC, was a breach of Section 84(14) of the Electoral Act, 2022, Article 21.3 of the APC Constitution and Paragraphs 20 (c), 27 (c), (d) and (f) of the APC Guidelines for the Nomination of Candidates for the 2023 General Elections, the suit is not premature, and Section 223 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
But in a counter affidavit filed by their counsel, Adetunji Oyeyipo (SAN), APC, and Lawan, are asking the court to dismiss the suit by Machina challenging the substitution of his name as the party’s candidate in the 2023 senatorial election of the APC.
APC and Lawan are arguing that the court has no jurisdiction to hear and determine this suit since the plaintiff is basing his action on a primary election not conducted by the National Working Committee of the APC.
They further contended that Machina lacked the locus standi to bring the suit, having not participated in the rescheduled primary election for the Yobe North Senatorial District conducted on June 9, 2022.
They also contend that Machina did not exhaust the internal mechanism of the party after the primary before approaching the court.
Justice Fadimatu Murtala Aminu adjourned the suit to September 12 for a hearing.
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