Reasons have been deduced to why the Senate President won the legal tussle at the Supreme Court over the All Progressives Congress, APC Yobe North senatorial ticket.
Lawan who is the current senate president contested the party presidential primary, which automatically knocked him out of the senatorial primaries but the party forwarded his name after organizing another primary.
Bashir Machina won in the first primary said to have been monitored by the Independent National Electoral Commission, INEC on May 28 2022.
It was based on this fact that the Tribunal and the Appeal Court ruled in favour of Machina.
However, the Supreme Court felt otherwise in a verdict which has generated mixed reactions.
Explaining the ruling, an Abuja based Lawyer, Kayode Ajulo said the party caused the brouhaha in the first place.
Ajulo said the Supreme Court ruling was a sound judgement.
He stressed that the apex court only delivered judgement based on the case presented before it.
He started, “Most of these comments targeted against the Supreme Court’s decision under reference are misconceived, particularly from the perspective of the law.
“The Supreme Court only delivered judgement based on the case presented before them. And it is a sound judgement.
“The concept of justice is not about a crying baby who runs to his sweet mother. Unlike the empathetic mother, the Supreme Court has the obligation to decide any matter based on its peculiarities.
“To say in public, like some have been doing, that the judgement is ridiculous is contemptuous. A better appreciation of our justice system will reveal what the Court considers cold facts and not emotions.
“If anyone should be blamed for the controversy this decision has generated, it is the political party, APC.
“The whole world is aware that Ahmed Lawan participated in the APC presidential primaries. And pursuant to section 115(d) of the Electoral Act, a candidate cannot be nominated in two elections.
“So, it was the party that decided to forward Ahmed Lawan’s name to INEC, that ironically Ahmed Lawan as the Senate president and other lawmakers created.
“Bashir Machina, feeling cheated, was within his right to recover his mandate. However, the facts of the case remains that the grouse of Bashir Machina deals with fraud and should have been instituted by way of Writ of Summons and not Originating Summons like Bashir Machina did.
“Although the Federal High Court practice direction says that Pre-election matters be instituted by way of Originating Summons, the Supreme Court has held in a plethora of authorities that the Rules of Court supersedes a practice direction.
“And by the rules of Court, an allegation of fraud should be brought by way of Writ of Summons.
“This has been the consistent holding of the supreme Court in a plethora of matters and it won’t stop now.”
