The Supreme Court on Monday, affirmed Senate President Ahmad Lawan as the All Progressives Congress (APC) senatorial candidate for Yobe north.
The apex court in a majority judgment, allowed the appeal filed by the APC against Bashir Machina’s candidature.
Delivering the judgment, three out of a five-member panel agreed with the position of the APC that the suit at the trial court ought not to have commenced via an originating summons since it contained allegations of fraud.
“The bedrock of the suit shows that there were allegations of fraudulent practices against the appellants,” Centus Nweze said.
“That the 1st respondent accused the APC of fraudulently substituting his name with that of Lawan.
“Where there is an allegation of fraud it should not be commenced by an originating summons.
“There was a need to call witnesses to prove allegations of fraud.”