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 governor of Adamawa 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.
This came as Justice Donatus Okorowo of a Federal High Court, Abuja, on Monday, halted the prosecution of the INEC Resident Electoral Commissioner, Mr Yunusa Hudu, over alleged electoral offences.
However, in the ex-parte motion marked: FHC/ABJ/CS/935/2023, Binani sued INEC, the Peoples Democratic Party (PDP) and its candidate, Governor Ahmadu Fintiri as 1st, 2nd and 3rd respondents, respectively. She sought a judicial review of the decision by INEC to reverse her earlier announcement as winner of the poll by Yunusa-Ari.
Aondoaka, while moving the motion on 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 gave 180 days within which her petition filed before the tribunal on May 6th 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 with her suit, being an election-related matter.
He, therefore, sought a review of the INEC’s action, saying an undertaking had been signed to prove to the court that the present suit was not frivolous, and that in the undertaking, they were ready to face any cost should the court found the case to be frivolous.
After listening to Andoaka, Justice Okorowo stood down the matter for ruling. Binani, had on April 26, withdrawn the suit before Justice Ekwo, following the declaration of Fintiri as the winner of the governorship poll.
Her counsel, Mohammed Sheriff, upon resumed hearing in the matter, told Justice Ekwo that a notice of discontinuance had been filed to that effect and urged the court to strike out the case.
Ekwo reminded Sheriff that an order was given on the last adjourned date directing him to address the court on whether the court had the jurisdiction to entertain the case or not.
The lawyer, who informed the court that a lot of issues had come up between the last date of adjournment and today, begged for an order striking out the suit.
The judge, therefore, held that since Sheriff had failed to go by the order of the court, the appropriate thing to do was to dismiss the matter, and he consequently dismissed the suit.
Meanwhile, Justice Okorowo, ruling in an exparte application, ordered the Attorney General of the Federation (AGF), and INEC not to go ahead with their planned prosecution of Hudu, who was on suspension for declaring Binani winner of the April 15, governorship rerun election in Adamawa State.
The application, which was brought by Binani, was filed and argued by her team of lawyers, led by Aondoaka and Mohammed Diri, SAN.
After listening to the applicant’s lawyer, the court held that since the matter was already before an election tribunal and that parties had submitted to the law, status quo should be maintained pending the conclusion of the suit.
The applicant in the suit marked, FCT/ABJ/CS/735/2023, was seeking the court’s interpretation of Section 144 of the Electoral Act 2022, as well as a preservative order for maintenance of status quo in the matter pending the determination of the suit.
Aondokaa, in his argument, pointed out that Hudu, who was the star witness of his client, at the tribunal hearing petitions against the outcome of the Adamawa State governorship election was being harassed and prevented from giving evidence before the tribunal, adding that if such continued, it
would affect the case of his client.
Chuks Okocha and Alex Enumah
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