2023: Constitutionally impossible for Bashir to step down for Lawan — Adegboruwa

By Seth Akande and Ridwan Adekunle

A popular constitutional lawyer, Barrister Ebun-Olu Adegboruwa has said that it would be constitutionally impossible for Bashir Machina to step down for President of the Senate Ahmad Lawan as substantive standard bearer of the Yobe North Senatorial District in the 2023 general elections.

Recall that Machina said he was not stepping down for Senate President Lawan Ahmed despite the pressure mounted on him.

The Senate President, Ahmad Lawan contested for the All Progressive Congress (APC) presidential primaries election and lost to the flag bearer of the party, Asiwaju Bola Tinubu.

Speaking in an interview on the program “Politics Today” on Channels television yesterday, Bashir said he had made his decision not to step down because he was duly elected by the delegates of the party who came out to vote for him and he emerged as the candidate of the party at the primary.

Bashir said the speculations and questionings up till now on whether he was still contesting may be as a result of some power play trying to maneuver the system of the party.

“I formally wrote a letter to the party confirming and affirming my position. Look, I am still the candidate, I did not withdraw, I am not withdrawing and I am in the race just in case anyone is  contemplating or doubting that there is any move.

“The pressure, threat or agitation by some people that this very mandate that was given to me by members of the APC at the concluded senatorial election still stands, this mandate stands, it is with me, I am not withdrawing, I am in the race.

“I will not step down because Lawan did not contest for the senate, it is a known fact, Ahmad contested for president and he lost and when I contested for senate, Ahmad Lawan did not contest for senate, so I do not think that may be in any way an issue.”

Bashir also noted that he did not fill the withdrawal form which was in the senatorial form he had bought to contest for the election and it was not stated that it was compulsory to fill the withdrawal form which he also duly returned to the party.

He said he has the experience to be part of the Legislative body, stating that he had been in the legislative arm since 1992 and has after gathering other experiences  ready to conveniently represent his party as a senate president in the country.

Speaking on whether he was the anointed candidate by the Governor of his state (Yobe state), Mai Mala Buni and has the blessing of the party flag bearer, Asiwaju Tinubu, he said Governor Mala Buni stands with any candidate  elected by the party members. He added that he also has the blessing and backing of the flag bearer of APC presidential candidate Asiwaju Ahmed Tinubu.

“Every ticket has been backed by Bola Tinubu, our presidential candidate; of course he is backing every candidate in the APC. I have his blessing and backing to contest, and I have the blessing certainly from him (Mai Mala Buni).”

Reacting to this development, Adegboruwa said, “In the case of Senator Ahmad Lawan it will be a legal challenge for him to find himself as a contestant to any senatorial position currently.

“One of the amendments of the electoral acts is to avoid prosecution of candidates where people take the opportunity to contest for one primary election when they lose they go to another one. It is the part of the things causing tension and friction within politics.

“I believe that the senate president should take it as his own loss, having participated in the presidential primary election. According to him, Lawan has spent enough time in the senate, almost 23 years, I think it is time to allow someone else. So, to that extent it will be difficult to get a replacement in any political party and the person who has that mandate cannot be made to stand down in any way at all.”

While speaking on the legal implications of Machina stepping down, he said, “The nature of the new electoral act is that there are only three methods by which a candidate can emerge: direct, indirect and consensus.

“This case an indirect primary had been conducted, which means the party had communicated that the particular mode was acceptable to it. Having chosen that mode of indirect primaries and declared the winner, it will be difficult to reverse and go back to consensus because you can not eat your cake and have it.

“So it is not possible for the present candidate to be someone who did not participate in the primary election at all, if at all it should be one of the fellow contestants.”