The Federal High Court sitting in Damaturu, on Wednesday, ordered the All Progressives Congress and the Independent National Electoral Commission to recognise Bashir Machina as the party’s candidate for Yobe North senatorial seat.
The News Agency of Nigeria reported that Justice Fadimatu Aminu directed the APC to submit Machina’s name to INEC as the rightful winner of the party’s primary election held in the district on May 28.
She held that the “phantom June 9 primary election” that produced the President of the Senate, Ahmed Lawan, as the winner and candidate was a “nullity” because INEC did not monitor the election.
Justice Aminu also discounted the claim that the case was statue-barred, saying the cause of action arose on June 17, not May 28.
The judge said Machina, the plaintiff, approached the court when he discovered that the first defendant, the APC, had forwarded Lawan’s name to INEC as its candidate.
She, therefore, said the constitutional requirement of filing the case not later than 14 days from the election was not applicable.