In the event of the Yobe State chapter of the All Progressives Congress (APC) making good its plan to appeal the judgement of the Federal High Court, Damaturu, affirming Hon. Bashir Sheriff Machina as the party’s authentic senatorial candidate some lawyers have asserted that it would be a waste of time and exercise in futility.
In a reaction to the verdict, the state chapter of the APC had vowed to appeal the judgement following the resolve of the Senate President Ahmed Lawan not to contest the judicial pronouncement.
The state chairman of the party, Mohammed Gadaka, said the judgement was not acceptable to the party.
But some lawyers, who spoke with LEADERSHIP on the planned appeal by the state APC, declared that it would amount to a futile action.
Those, who differed with this position, argued that the party has the right to appeal the judgement, adding that irrespective of its outcome the judgement would deepen democracy in Nigeria.
One of the lawyers, Mr. Sam Atung (SAN), who argued that the proposed appeal was needles, said, “Depending whether APC was a party to the suit at the Federal High Court, they definitely have the constitutional right of appeal; they are however likely to face some challenges because the provision of the Electoral Act gives locus standi to only candidates at an election i.e primary election conducted by the political parties to challenge the outcome thereof.
“So, the issue is whether APC was a candidate of the election conducted by it. But you know, normally, at the trial court, the party is joined in the suit because it is the party that conducts primary elections. So, the situation is very fluid, whereas they have the constitutional rights to appeal as a party, the hurdle they will have, is whether in the absence of the candidate who is vested with the locus standi to challenge an election, whether they can successfully maintain an appeal as it affects the decision of a lower court.
“I am sure, the respondent’s counsel will challenge their locus to sustain the appeal in view of the fact that the Electoral Act vest locus standi on only candidates or aspirants at primary elections conducted by political parties to even challenge the outcome.
“Although I have not read the judgement of the Federal High Court, but under the new legality in Nigeria as ushered in by the Electoral Act 2022, that judgment with all intents and purposes is sound in law, because the provisions of section 84 have now concretise the procedure by which candidates of political parties will emerge.
“So, there is no way Senator Lawan who did not participate in the primary for Senate for Yobe North will suddenly emerge as a candidate for that senatorial district unless Machina has declined to contest, otherwise there is no magic about it by anybody,” he stressed.
Another legal practitioner, Emma Okah, described as in “bad taste”the decision of the APC to appeal against the judgement that favoured Machina.
Okah told LEADERSHIP in Port Harcourt, the Rivers State capital that although every party to a case has a right of appeal, it would amount to a disservice to APC to appeal against the court judgement.
He said, “Every party to a case has a right of appeal but this is one case that will be a disservice to the party to appeal. Appealing the judgment is in bad taste. The judgment of the court is sound and logical.
“You cannot eat your cake and keep it. Moreso, Senator Lawan, who is the principal beneficiary and claimant has accepted the verdict,” he said.
Similarly, a constitutional lawyer and founder of Civil Rights Realisation and Advancement Network (CRRAN), Barr Olu Omotayo, advised APC against appealing the judgement.
The Federal High Court had on 28th September, 2022, delivered a judgement on the rightful candidate for the Yobe North Senatorial District for the 2023 National Assembly election and disqualified the so-called participation of Lawan in the election.
In an exclusive interview with LEADERSHIP in Enugu, Omotayo insisted that APC alone cannot appeal the judgement as the main person in the suit has withdrawn.
“If APC goes ahead to appeal the judgement without Lawan, it will be an exercise in Futility,” he stated.
Omotayo said the APC has no right to force the Senate president to appeal the judgement, adding without him, the exercise would fail.
Also, Barr. Salman Jawondo (SAN) said, “Since APC is a party in the case, it has the constitutional right of appeal but the appeal would be an exercise in futility.”
Meanwhile, Barr. Kehinde Eleja has said the party has the right to appeal the judgment.
Eleja who spoke with LEADERSHIP in Ilorin, Kwara State capital said, “The APC as a defendant in the case before the Federal High Court has the right to appeal against the said judgment.”
In his own reaction, Barr. Mahmud AbdulRaheem, described the decision of the APC to appeal the Federal High Court’s judgement as a good development, “especially for the growth of our democracy.
“After all, Umahi of Ebonyi, appealed in a similar circumstance and won.
“Our jurisprudence will be deepened, just as we witnessed during Obasanjo/Atiku litigation escapade,” AbdulRaheem added.
A constitutional lawyer, Mr Abdul Balogun (SAN), said the party has the constitutional right to appeal the judgement.
According to him, the party is the platform upon which the candidate is contesting the election.
He said it is the party that sponsors the candidate for election, so they have the right to appeal the judgement.
”The party has the constitutional right to challenge the judgement because the Supreme Court has said in several judgements that it is the party that sponsors candidates. Without the party, a candidate cannot contest an election. Don’t forget there are no provisions for independent candidates in our electoral laws yet, so, if the party says they are appealing the judgement, they have the right”, he said.
