Lawan had publicly announced that he will not appeal the judgement of the Federal High Court, Damaturu which declared Machina as the rightful senatorial candidate of the APC for Yobe North.
The Campaign Organisation of All Progressives Congress senatorial candidate for Yobe North, Bashir Machina has accused Senate President Ahmad Lawan of talking out of both sides of his mouth regarding the legal tussle over the senatorial ticket of APC in the district.
Lawan had publicly announced that he will not appeal the judgement of the Federal High Court, Damaturu which declared Machina as the rightful senatorial candidate of the APC for Yobe North.
But Lawan was said to have been secretly putting pressure on the APC to appeal the judgement of the trial court using some of his cronies to achieve his target.
In a statement issued in Abuja on Wednesday, the spokesman for Machina Campaign Organisation, Husaini Mohammed Isa said they were surprised to learn that Senate President Lawan still has a hand in the appeal despite his public statement denying such.
"It smacks of a double standard for the Senate President, Ahmad Lawan to be working behind the scene using some of his associates to appeal the judgement of the Federal High Court, Damaturu even when he had publicly declared that he will not appeal the judgement.
"By this action, the Senate President has proven to be a man who loves power more than his character," the statement said.
Background
SaharaReporters reported on Wednesday that the Court of Appeal sitting in Gombe had fixed Friday, November 11 for the hearing of a suit filed by the APC against the judgement of the Federal High Court, Damaturu, which declared Machina as the party's senatorial candidate for Yobe North.
APC National Chairman, Abdullahi Adamu on October 18 sent a letter through the National Legal Adviser of the party to the Yobe State Chairman of the APC, Mohammed Gadaka, informing him that the party will not appeal the judgement of the trial court.
However, an insider told SaharaReporters that Lawan had been mounting pressure on Yobe State Governor, Mai Mala Buni to instruct the state chapter of the APC to appeal the judgement on his behalf.
Lawan was said to have been advised by lawyers to be joined in the case as a respondent to avoid damaging his integrity in the eyes of the public having publicly declared that he would not appeal the judgement.
"When Lawan realised that the National Secretariat of the APC which has the locus standi to appeal the judgement has aligned itself with his position not to appeal the judgement, he immediately started mounting pressure on the Yobe State Governor to persuade Abdullahi Adamu to change the position of the party and appeal the judgement," an insider had told SaharaReporters.
The court was to seat in Gombe on November 16 according to a text message sent to Machina's lawyer, Ibrahim Bawa (SAN) before they reversed the sitting date to November 11 and relocated the hearing to Abuja, raising suspicion of the manipulation of the case.
The hearing will now take place at the Court of Appeal, Abuja on November 11.
According to documents obtained by SaharaReporters, Appeal No. is CA/G/180/2022 with the matter said to be between APC and Bashir Sheriff Machina & 2 others.
The hearing is fixed for Friday, November 11, 2022, at the Court of Appeal, Abuja 3 Arms Zone, Abuja FCT.
A day after the court ruling identifying Machina as the authentic Yobe North senatorial candidate, Lawan said he would not appeal the decision of a Federal High Court.
In a statement signed by Lawan, the Senate President who currently represents Yobe North in the National Assembly said he had accepted the court's decision disqualifying him from running for the office again and participating in the election.
The Senate President said after thorough deliberations with his political allies, followers, and well-wishers, he decided to accept his political destiny with regard to the 2023 elections.
The statement titled ‘Court Judgement on Yobe North Senatorial District Candidacy,’ read: “Yesterday, Wednesday, 28th September 2022, the Federal High Court in Damaturu delivered judgement on the rightful candidate for Yobe North Senatorial District for the 2023 National Assembly elections.
“The said judgement disqualifies my candidature and therefore my participation in the elections.
“After due consultations with my political associates, supporters and well-wishers, I have decided not to appeal against the judgement. I accept the judgement.
“At this juncture, I deem it appropriate to thank His Excellency, Senator Ibrahim Gaidam for the leadership role in the APC political family in Yobe State. I also thank His Excellency, Governor Mai Mala Buni for the support and brotherhood.
“To my constituents, I thank you all for your unflinching support, loyalty and unreserved commitment to the course of building our people and Yobe North Senatorial District and indeed Yobe State.
“I want to assure you that I will continue to serve you in my personal and any other capacity at all times.
“We journeyed together for a long time, and this journey will remain a lifelong journey. It has been a wonderful relationship and it can only get stronger. I am indebted to you all. Alhamdulillah.”
However, court documents earlier obtained by SaharaReporters showed the APC and Lawan had made a U-turn. APC has appealed the judgement of the Federal High Court, Damaturu praying for the declaration of Lawan as its rightful senatorial candidate for Yobe North even when he did not participate in any recognised senatorial primary election of the party.
The Federal High Court in Damaturu had in a landmark judgement ordered both INEC and APC to recognise Bashir Machina as the authentic senatorial candidate of the party.
SaharaReporters had also reported that the APC in a letter dated October 12, 2022, and signed by its National Chairman, Abdullahi Adamu and the Secretary, Sen. Iyiola Omisore asked INEC to publish the name of Machina on its portal in line with the court order.
The court in Damaturu had ruled that Lawan is not the candidate of the ruling party for the senatorial district in next year’s election into the National Assembly.
The court ruled that Machina is the authentic candidate of the party having won the legally recognised primary supervised by INEC officials.
There had been controversy over the ticket.
Machina, at a primary election organised by the party in May, had won unopposed.
But Lawan was said to have participated in another primary election organised by the APC after he contested the party’s presidential ticket and lost in June to Bola Tinubu, who is now the presidential candidate of the party.
Machina was asked to step down for Lawan but he insisted that he would not withdraw for the Senate President.
Amid the controversy, the APC submitted the Senate President’s name to INEC as its senatorial candidate for Yobe North.
Aggrieved, Machina instituted a suit asking the court to declare him as the authentic senatorial candidate of the APC for the 2023 election.
In her judgment, Justice Fadimatu Aminu nullified the parallel primary election that produced Lawan on June 9, 2022.
The judge also ordered the APC to forward the name of Machina to INEC as the authentic winner of the primary held in May.