The Federal High Court sitting in Abuja, on Monday, ordered the Independent National Electoral Commission (INEC), Inspector General of Police and the Attorney General of the Federation (AGF) to halt the prosecution of the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari pending the hearing and determination of a motion filed by Senator Aishatu Dahiru Binani.
INEC is seeking the prosecution of the suspended REC for declaring the governorship candidate of the All Progressives Congress (APC), Senator Binani as winner of the Adamawa state governorship election on April 15, 2023.
Justice Donatus Okorowo, who gave the order following an ex-parte application brought by Michael Aondoaka (SAN), the counsel to Senator Binani held that since the matter is before a tribunal and the parties have submitted to the law, “parties should maintain status quo on the matter pending the conclusion of the suit”.
At the mention of the suit marked, ABJ/CS/935/2023, on Monday, counsel to the applicant brought a motion seeking to interpret section 144 of the Electoral Act 2022 and a preservative order seeking for maintenance of status quo in the matter pending the determination of the suit.
The Senior lawyer, in his application, drew the attention of the court to the fact that the matter is before a tribunal and it is time-bound, whereas the star witness to his client, Hudu Yunusa Ari is being harassed and prevented from giving evidence before the tribunal which if continued would jeopardize the case of his client at the tribunal.
Aondoaka therefore, urged the court to halt the harassment of the star witness in the petition before a governorship election petition tribunal challenging INEC’s declaration of the candidate of the Peoples Democratic Party (PDP) candidate and governor of the state, Ahmadu Fintiri as winner on Sunday, April 16, 2023.
The lawyer told the court that according to the relevant laws, since the applicant has been declared by the INEC, the declaration can only be legally and authentically reversed if the need be by a court of competent jurisdiction or a tribunal.
Senator Dahiru Binani had earlier, through her counsel, Mohammed Sheriff filed a suit before a sister court presided over by Justice Inyang Ekwo which was however dismissed following a notice of discontinuance filed by the applicant.
The Adamawa state governorship supplementary election was conducted on April 15 following the declaration of the March 18 poll as inconclusive over alleged irregularities.
After voting ended, the collation of results began at the state collation centre, but the exercise was suspended after results from 10 LGAs were announced.
However, Hudu Yunusa-Ari, the state’s Resident Electoral Commissioner, declared Senator Binani as the winner before the collation resumed on April 16.
Yunusa-Ari made the declaration when outstanding results were yet to be announced. The Independent National Electoral Commission (INEC) subsequently described his action as illegal, saying it is null and void, suspended him and set to prosecute him for electoral malpractice.
However, Justice Okorowo in his ruling on Monday in an exparte motion argued by Aondoaka, held that respondents should appear in court to show cause why the order sought by the applicant should not be granted.
The court ordered the parties to maintain the status quo ante-belum and adjourned till July 18, 2023, for the respondents to come and show cause.
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