President, Court of Appeal, Justice Monica Dongban-Mensen, who presided over a three-man panel, gave the affirmation in an appeal by the APC challenging the decision of Justice Fadimatu Aminu of the Federal High Court Damaturu,  which had on September 28, 2022, declared  Machina as winner of the primary election organised by the party in May 2022, while Lawan opted to contest the presidential primary election organised by the APC in June.

Lawan lost the APC presidential ticket to former Lagos State governor, Bola Tinubu.

However, Machina was asked to step down for Lawan but he insisted that he would not withdraw for the Senate President.

In the face of the controversy, the APC submitted the Senate President’s name to the Independent National Electoral Commission (INEC) as its senatorial candidate for Yobe North.

Machina, enraged by the development, went to court to seek redress.

Machina specifically asked the court in his suit to declare him the APC’s validly elected senatorial candidate for the 2023 election.

On June 9, 2022, Justice Aminu declared the parallel primary election that produced Lawan null and void.

As a result, the trial judge ordered the APC to forward Machina’s name to INEC as the authentic winner of the May primary.