On 28 May 2022, APC conducted primary to the Yobe North Senatorial seat. INEC monitored the primary pursuant to Section 84(5) of the Electoral Act. [Ahmad] Lawan didn’t participate. [Bashir] Machina won.
After the wild goose chase of the coveted presidential seat embarked by Lawan and which he failed to covet, APC claimed to have conducted another primary on 9 June [2022]. Machina didn’t participate in it. Lawan won.
APC forwarded Lawan’s name as its candidate. Machina was scorned. He headed to the Federal High Court, Damaturu, challenging the actions of his party.
He also asked the court to declare him APC’s candidate.
Na here the wahala dey. Note it.
In the suit against APC, which was commenced by Originating Summons, or OS (for non-lawyers, OS is used when a party seeks interpretation of law and actions and sets questions for the court to determine or answer. It is used when the facts are not contentious) and supported by an affidavit, which sets out the facts.
In Machina’s affidavit, allegations of criminality and forgery were raised by Machina against the APC.
Machina won.
APC headed to the Court of Appeal and lost.
APC subsequently proceeded on appeal to the Supreme Court.
Before the Supreme Court, the question was whether Machina’s case was properly commenced at the trial court in Damaturu, considering that allegations of criminality were raised by Machina against the APC.
That criminality was raised in the grounds of the Originating Summons and facts establishing criminality were adduced in the accompanying affidavit, Machina’s lawyers ought to have challenged the actions of the APC at the High Court in Damaturu by way of Writ of Summons.
Criminality can be only established by oral evidence, which Writ of Summons allows; and not by Originating Summons that is largely documentary.
The Supreme Court came to an easy judgment through the school boy’s error of Machina’s lawyers.
Don’t get me wrong, please. While I agree that the SC [Supreme Court] judgement wreaks violence on Section 84(5) of the Electoral Act, 2022, and turns the two fundamental principles of equity – (1) Equity follows the law ; (2) Equity looks to substance rather than form; a principle that the Supreme Court upheld in Ezekiel Nneji v Chukwu Nwankwo (1988) – on their heads, Machina’s lawyers are responsible for Machina’s fate.
When the Supreme Court came to the conclusion that the form of commencement of action adopted by Machina was fatal, all actions undertaken by the APC at the subsequent 9 June 2022 primary were thus lawful and legal.
Don’t forget that a staff of INEC Yobe testified at the High Court in Damaturu that INEC monitored the subsequent primary.
*Mahmud, a human rights lawyer and former NANS national president, shared this article via @AbdulMahmyd01
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