By Deborah Onyofufeke, Abuja
A Federal High Court, Abuja, yesterday stopped INEC from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of the All Progressives Congress (APC) candidate, Aisha Dahiru, as governor in the March 18 poll.
Justice Donatus Okorowo made the order after the counsel to Dahiru, Michael Aondoaka, SAN, moved the ex-parte motion to the effect.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll sued INEC, the Attorney-General of the Federation (AGF), and another, as respondents.
Moving the motion yesterday, Aondoaka argued that until the election petition tribunal decides the fate of his client in accordance with Section 149 of the Electoral Act, 2022, the prosecution of Yunusa-Ari cannot be said to be valid.
He said the decision of INEC to file an action against any person involved in Dahiru’s April 15 declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client, would deprive her of Section 285(6) of the law, which gives 180 days within which the petition filed on May 6 should be dispensed with.
The senior lawyer, who informed the court that though a similar suit was earlier filed before Justice Inyang Ekwo where a judicial review of INEC’s action was sought, said the sister court ordered Binani to approach a tribunal with her suit, having been an election-related matter.
He said an undertaking had been signed to prove to the court that the present suit was not frivolous. He said in the undertaking, they were ready to face any cost should the court find the case to be frivolous.
After listening to Andoaka, Justice Okorowo ordered the parties to maintain the status quo ante bellum, pending the hearing and determination of the matter.
The judge, who adjourned the matter until July 18 for a hearing, ordered the respondents to show cause while the reliefs sought by Dahiru, popularly called ‘Binani’, should not be granted.
Meanwhile, the All Progressives Congress (APC) candidate in the Adamawa State governorship election, Aisha Dahiru, popularly called ‘Binani’, has, again, sued the Independent National Electoral Commission (INEC) over the nullification of her declaration as the governor of Adamawa State in the March 18 governorship election.
Binani, through her counsel, Michael Aondoaka, SAN, filed the fresh suit before Justice Donatus Okorowo of a Federal High Court, Abuja.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll, sued INEC, the Peoples Democratic Party (PDP) and its candidate, Governor Ahmadu Fintiri, as the 1st, 2nd and 3rd respondents, respectively.
Binani, again, sought a judicial review of the decision by INEC to reverse her earlier announcement as the winner of the poll by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
Aondoaka, while moving the motion yesterday, argued that it was the election petition tribunal that was vested with the power to decide the fate of his client in accordance with Section 149 of the Electoral Act, 2022.
He said the decision of INEC would deprive Binani of Section 285(6) which gives 180 days within which her petition filed before the tribunal on May 6 could be dispensed with.
The senior lawyer, who informed the court that though a similar suit was earlier filed before Justice Inyang Ekwo, said the sister court ordered Binani to approach a tribunal for her suit, having been an election-related matter.
He, therefore, sought a review of the INEC’s action. He said an undertaking had been signed to prove to the court that the present suit was not frivolous.
He said in the undertaking, they were ready to face any cost should the court find the case to be frivolous. After listening to Andoaka, Justice Okorowo stood down the matter for a ruling.
Recall that Binani had, on April 26, withdrawn the suit before Justice Ekwo, following the declaration of Fintiri as the winner of the governorship poll.
