By Deborah Onyofufeke
Efforts by the governorship candidate of the All Progressives Congress, APC, Senator Aisha Dahiru Ahmed also called Binani, to get the Federal High Court in Abuja to urgently review the nullification of her declaration by the Independent National Electoral Commission, INEC, as the winner of the 2023 Adamawa Gubernatorial election was declined.
The court on Tuesday refused to entertain the ex-parte application brought before it concerning the Adamawa State result declaration tussle.
The presiding judge, Justice Inyang Ekwo held that the issue of jurisdiction must first be addressed before the ex-parte motion can he heard.
The ex-parte application filed by Binani’s lawyer, Mohammed Sheriff asked the court to determine whether the Independent National Electoral Commission INEC can take any further steps on the declared governorship election results made by its Resident Electoral Commissioner REC, Mr Hudu Ari.
Binani and APC’s ex-parte applications had the Independent National Electoral Commission (INEC), People Democratic Party (PDP) and its candidate, Gov. Fintiri as 1st, 2nd and 3rd defendants respectively.
However, when the ex-parte was about to be moved, Justice Inyang Edem Ekwo cut in and asked Binani’s lawyer to first address him if his court has jurisdiction to entertain the such a matter.
The Judge subsequently asked Binani’s counsel to file his address on the issue and fixed April 26 for a hearing of the ex-parte application and the motion on whether the court has jurisdiction.
Earlier, another lawyer, Afeez Matanmi who claimed to be counsel to the incumbent Adamawa State Governor, Ahmadu Fintiri had sought to address the Court but was shut out on the ground that the issue before the court was an ex-parte application for now.
In the suit, Binani, through her lawyer, is seeking an order of prohibition and certiorari preventing INEC and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
Binani gave the grounds to her applications as that after the collation of results, INEC had declared her as the winner of the elections but the PDP and its candidate, Governor Fintiri, resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.Efforts by the governorship candidate of the All Progressives Congress, APC, Senator Aisha Dahiru Ahmed also called Binani, to get the Federal High
This crisis, she said, led INEC to cancel the initial declaration which it had no power to do as only the election petition tribunal is vested with such powers.
By cancelling her declaration, Binani contended that INEC usurped the powers of the election petition tribunal which is the only court vested with powers on a declaration from the conduct of an election.
In the application, she averred that a judicial review exists to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.
