Opinion
Lawan vs Machina: Explaining the Supreme court
Sunusi Umar Sadiq
Two days ago the Supreme Court of Nigeria delivered a judgment the most significant outcome of which is the emergence of Alhaji Ahmad Lawan, the current President of the Nigerian Senate, as the All Progressives Congress’ senatorial candidate representing Yobe North Senatorial District in the forthcoming general elections. The public is naturally and expectedly, too, thrown into an abyss of confusion because for all that is known, Senate President Lawan had obviously relinquished the senatorial seat he has been occupying since 1999 or thereabout when he contested for the APC presidential primaries some time last year.
Politics is the manifestation of the immaturity of mankind. The politicians across times and spaces have always been very shrewd and crafty. The popular virtues are turned upside down. Selfishness becomes a guiding principle. Deceit and manoeuvre are articles of faith. Self-interest take the position of justice, and fairness is something that is virtually and practically unknown. The end is all that matters. And anything is to the politician permissible to attain that end.
In a setting such as this, a heap of mess will surely pile up. And in a democratic setting, the unenviable onus of clearing such mess or at least containing it is placed on the judiciary. And the Nigerian courts, the Supreme Court especially, have been grappling with that onus, coming under public attacks and bashing every now and then.
Unfortunately for judges, they cannot come out to defend or even explain themselves. In this kind of situation, it is the lawyers, as the primary constituents of the judicature, that ought to be the sentries for the hallowed chambers. They should educate the people and enlighten them.
There are two things to consider in order to understand any given judgment: the facts of the case and the issues raised before the court. Without knowing these, the most honourable thing for anyone to do is to remain mute. Let me briefly state here the facts of the case at hand so as to understand the context and reason behind the supposedly controversial judgment delivered by the Apex Court.
For whatever reason, Senator Ahmad Lawan decided to give a shot at the country’s Number One Seat, the Presidency. He bought the presidential Nomination and Expression of Interest Forms. It automatically followed that he had no further interest in keeping his senatorial seat. A Bashir Machina seized the opportunity. He aspired for Lawan’s seat and on 28th May, 2022, the primary election for that seat was conducted and Machina got it, on a gold platter some might say.
Some eleven days later, 8th day of June 2022, the APC had its National Convention and the presidential primary election was conducted. Lawan and twelve other aspirants lost to Bola Tinubu. As a cartoonist depicted it, Lawan had torn himself between presidency and senatorial seat. He ultimately lost both. Unknown to the cartoonist, as well as other Nigerians, the Senate President had his Plan B in the closet. In hatching the plan, the APC maintained that Danjuma Manga, the party’s official that chaired and officiated the 28th May primary election, was not authorized to do so by the party’s National Working Committee (NWC). That primary election was therefore cancelled. Another was held on 9th June, 2022, less than twenty-four hours after Lawan lost his presidential bid! Nobody needs to be told that there was something amiss and shady here. It is crystal clear that a heap of mess has piled up.
Machina then decided to cry out against this apparent and obnoxious mess. He took his grievances to the Federal High Court of Nigeria, Damaturu Division. He prayed the court, among other things, to hold that the 28th May primary election that produced him was the only legitimate and valid primary election, and the other one that produced Lawan is fraudulent and therefore null and void. And this is the beginning of the intricacy, and the controversy.
The court is the repository of laws. It is the aggrieved party that will trigger the courts to invoke and apply those laws. For the litigant to succeed, therefore, they have to, firstly, be armed with hard facts that can be proved with acceptable evidence. And, secondly, such a litigant must, in ventilating the grievance, approach the court in strict compliance with the procedure provided for doing so. The success of every case depends on these two pillars.
The facts of some case may be straightforward. The Rules of Court provide for the commencement of such cases via Originating Summons. In using this mode, no witnesses need to be called. All that you need is to state what transpired in an affidavit and present the documents, if any, that strengthen the facts in issue, then invite the court to invoke appropriate laws and apply them to the case.
Some other cases are not this simple, more so when there is a criminal allegation. For such cases in which the facts in issue are contested, the Writ of Summons is the appropriate mode to be used in presenting one’s case to the law court. And whenever there is an allegation of crime, the standard of proof is that of beyond reasonable doubt. Witnesses must be in court in flesh and blood to be examined, cross-examined and, if need be, re-examined.
From 9th June, 2023, Machina’s Legal Team had up to 23rd of that month, a total of fourteen (14) days to build up their case and file same. I could imagine the mental race the team must have undergone to formulate the questions and the issues. Allegation of fraud is easy to come up with because Section 17 of the Penal Code intimates that ‘fraud’ is when one does something with the intent to deceive, and by means of such deceit to obtain some advantage for himself or another or to cause loss to any other person.
It is on that ground that Aspirant Machina went to the court challenging the return of Senator Lawan as the Senatorial Candidate as well as the validity of the primary election held on June 9th. Commencing the suit by Originating Summons is just one out of the several issues raised. But since the suit failed, the primary election it sought to be declared fraudulent and therefore null and void remains valid, and Senator Lawan consequently remains the rightful candidate.
The Supreme Court is not to blame. If anything, the Supreme Court is the scapegoat. The real culprits are Machina’s co-travellers, the politicians. After all, it is Machina’s own party that cancelled the primary election he had won. And it is also the party that took the matter up to the Supreme Court to ensure that Lawan remains its rightful and lawful flagbearer. The Supreme Court’s hands are tied as it is a court of law, not emotions.
Sunusi Umar Sadiq
Dr. Auwalu Halilu
Bismillah Rahmanir Raheem
On this joyous occasion of Eid-ul-Fitr, I extend my heartfelt greetings to the good people of Kano State, particularly education stakeholders, parents, teachers, and students. May this Eid bring peace, prosperity, and countless blessings to us all.
As we celebrate the completion of Ramadan, a month of sacrifice, reflection, and self-discipline, let us carry forward its invaluable lessons into our collective commitment to education. Just as Ramadan teaches us patience, perseverance, and generosity, we must apply these virtues in ensuring that every child, especially the most vulnerable, has access to quality education.
Education is the key to sustainable development, and our duty as a society is to nurture a system that is inclusive, accountable, and responsive to the needs of our children. The spirit of Ramadan encourages us to be more compassionate and proactive in addressing societal challenges. Let this spirit guide our continuous advocacy for improved educational policies, increased access to learning opportunities, and enhanced support for teachers and students.
As we mark this blessed day, I urge all stakeholders, government agencies, civil society organizations, community leaders, and development partners to renew their commitment to strengthening education in Kano State. Together, let us translate the lessons of sacrifice, discipline, and generosity into actionable steps toward building a future where every child has a fair chance to learn and thrive.
Eid Mubarak! May Allah (SWT) bless our efforts and grant us success in our quest for an enlightened and educated society.
Dr. Auwalu Halilu, is a Co-Chair (CSOs), Kano State Accountability Forum on Education (K-SAFE).
By Yushau Hamza
Politics, as a practice, should be driven by ideology, principles and commitment to a cause that aligns with the people’s needs and aspirations. The question of whether Nyesom Wike the minister of the FCT and former governor of rivers state is truly a politician or merely an opportunist manipulating political structures for personal gains has sparked debates within Nigeria’s political space. While he claims to be a staunch member of the People’s Democratic Party (PDP), his recent political maneuvers suggest otherwise. Wike has for almost two years been seen actively working with the All Progressives Congress (APC), benefiting from its leadership while simultaneously being part of major internal turmoil within his own party, the people’s Democratic Party.
An ideological politician is someone who upholds a clear political philosophy and remains committed to their beliefs and party principles as such, regardless of personal interests or shifting political tides. Such a politician is guided by a vision for governance, policy-making, and national development, rather than self-serving ambitions.
Ideological politicians are often loyal to their party’s core values and are willing to defend them at all costs, even when faced with challenges.
Being a politician goes beyond holding a title or occupying a position in government. A true politician believes in and upholds a set of ideological principles and remains unshaken and even by his perceived self-interest, he chooses to Remains loyal to his party and its policies to Work for the collective goods rather than for his self-interest. Or better still he cross carpets
A true politician, Respects the democratic process and promotes political stability rather than discord. He engages in political participation that strengthens institutions rather than undermines them.
The Wike Dilemma of being a Politician or a Political Opportunist, raises serious concerns about his ideological stance. While he claims to be a PDP member, his actions align more with the interests of the APC. His role in engineering crises within the PDP, including an allegedly mastermind in the suspension of a democratically elected governor of rivers state, his overall grip on party leadership matters reveal a politician who is more interested in power dynamics than in ideological governance.
His involvement in another party’s administration without official defection, portrays him as a political opportunist rather than an ideological politician. He enjoys the benefits of APC leadership while refusing to fully commit to the party, leaving PDP in turmoil without a clear direction.
Wike has turned out to be a politician who straddles between two parties without clear allegiance, this action can be best described as a political mercenary ship, or an opportunistic power broker. Such individuals prioritize their personal ambitions over political consistency, switching alliances to secure their interests at the expense of democratic integrity.
Nyesom Wake’s political trajectory, challenges the notion of ideological consistency in Nigerian politics. His actions suggest that he is more of a strategic power player than a principled politician. If politics is to serve the people and democracy is to thrive, Nigeria needs leaders who embody ideological commitment rather than self-serving maneuvering. Wikes stances leaves all with a terrific question. Can politicians nowadays be trusted if their loyalty fluctuates between personal gains and party allegiance? Only time and the political practices in the Nigeria democratic terrain can live to tell.
Yushau Hamza writes from Kafinchiri town, Garko Local Government Area, Kano State.
By Abdulaziz Abdulaziz
As I readied myself to anchor a special Iftar dinner in honour of His Excellency President Bola Tinubu holding this evening thoughts about the man race in my mind: What is unique about the President? What do I admire about him? What are the memorable moments with him?
The story of the rise of Bola Tinubu from humble beginnings to the pinnacle is largely well known. There is no point regurgitating it. However, observing and working with man up close with bring to the fore many attributes that contribute in shaping his worldwide, his character, his leadership acumen and aided his rise to the top.
First, President Tinubu is very human and humane. He is human in the sense that he is humble, authentic and true to himself. No airs, no pride, no cosmetics. He relates well with his old friends, associates and staff in a convivial atmosphere devoid of haughtiness associated with people in power. He shares jokes less than he scorns. He could be stern and soft making sure that work atmosphere is not bereft of humanity or too jovial to be mistaken as laissez faire. He is generous with laughter when it is evoked but could be too sober in addressing serious issues that you’d wonder if he would breakdown. That’s the human part.
President Tinubu is also very humane. As a person, he is generous and compassionate to those he could reach with his hands. He never forgot friends or families of dead associates and colleagues. He kept to that even with his current tedious job. His good heart makes him the last person to hurt. Instead, he ignores. The President certainly bears no evil intentions against anyone or a collective. The story of his large-heartedness is well told that it warrants no repeating here. He accepts prodigal sons back with forgiving smile.
An important lesson from his life is steadfastness and perseverance. They brought him to where he is. President Tinubu, like the proverbial person who has been there for long, has surely seen a lot. He had seen changing times: real and fake smiles, shifting alliances, broken loyalties, back-stabbing, gang-ups, yet he remained focused and patien. Like the Rock of Gibraltar he remains unshaken and unperturbed. But God works in mysterious ways. For example, some of the arrowheads of Tinubu’s estrangement from a government he helped form in 2015 are today out in the cold. But while he took the unfortunate happenings of that period with steely resolve and perseverance, they are took weak to persevere being out of the table. While he was mature and statemanly, they crying hoarse like a kid deprived of precious doll.
As a leader, the President amazes me with his resolve to take bold even if costly decisions. He embodies the principle that leadership is not about taking popular decisions but about taking right decisions even if painful and inconveniencing. Like a physician on duty, President Tinubu’s administration of some painful reforms were not contemptuos of the feeling of the people, as some analysts alluded. They were, rather, out of courage to take necessary actions to stop the hemorrhage of our country. The hemorrhage may favour those of us now but if not stopped it would certainly prove fatal for our future.
The President was conscious that those actions were not popular. In fact, he was not unconscious that they could be costly politically like it was seen happen in many countries. But the statesman that he is he chose the country over himself. AlhamdulilLah! Mr the President is being proved right with the emerging light from the economic tunnel.
On the occasion of Mr President’s birthday I pray pervently for better health and greater wisdom as he steers the ship of the nation to the shore of progress, stability and development.
Happy birthday, Sir.
Abdulaziz is a Senior Special Assistant to the President and member of the Presidential Communication Team.
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