The Federal High Court sitting in Abuja on Tuesday declined to extend its interim order, issued on July 10, which had stopped the Independent National Electoral Commission (INEC), the Inspector General of Police (IGP), and the Attorney General of the Federation (AGF) from prosecuting the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari, pending the hearing and determination of a motion filed by Senator Aishatu Dahiru, also known as Binani.
INEC is seeking the prosecution of the suspended REC for declaring Senator Binani, the governorship candidate of the All Progressives Congress (APC), as the winner of the Adamawa State governorship election on April 15, 2023.
The court had ordered the parties involved in Binani’s motion, which included INEC, the IGP, and the AGF as defendants, to maintain the status quo pending the determination of the substantive suit.
The court also requested the defendants to appear before it on July 18 to show cause as to why they should not be permanently restrained from prosecuting the suspended Adamawa State REC.
During Tuesday’s proceedings, INEC’s counsel, Mr Rotimi Jacobs (SAN), informed the court that the applicant had not served the defendants with the court’s July 10 order.
Jacobs, who also contested the competence and jurisdiction of the court to entertain the matter in a counter affidavit to the motion, stated that the lifespan of the interim order expired on July 18.
However, counsel to Binani, Michael Aondoaka (SAN), argued that the interim order had not expired as the defendants had not shown cause as directed by the court.
Aondoaka emphasized that INEC’s counsel could not claim not to have been served with the court’s processes as he had participated in the matter.
The trial Judge, Justice Donatus Okorowo, adjourned the case till Monday, July 24 for a hearing on the originating summons served on the defendants in court on Tuesday.
The court refused to extend the interim order halting the prosecution of the suspended Adamawa State REC.
In the suit marked ABJ/CS/935/2023, the applicant seeks the court’s interpretation of Section 144 of the Electoral Act 2022, as well as a preservative order to maintain the status quo in the matter until its determination.
Aondoaka, in the application, highlighted that the matter is before a tribunal and is time-bound. He expressed concern that the star witness for his client, Hudu Yunusa Ari, was being harassed and prevented from giving evidence before the tribunal, which could jeopardize his client’s case.
He urged the court to halt the harassment of the star witness in the petition before the governorship election petition tribunal, which challenges INEC’s declaration of the candidate of the Peoples Democratic Party (PDP), Ahmadu Fintiri, as the winner on Sunday, April 16, 2023.
The lawyer informed the court that, according to relevant laws, since the applicant had been declared by INEC, the declaration could only be legally and authentically reversed by a court of competent jurisdiction or a tribunal, if necessary.
Senator Binani had previously filed a suit through her counsel, Mohammed Sheriff before a sister court presided over by Justice Inyang Ekwo. However, the suit was dismissed following a notice of discontinuance filed by the applicant.
The Adamawa State governorship supplementary election took place on April 15 after the March 18 poll was declared inconclusive due to alleged irregularities.
The collation of results began at the state collation centre after voting concluded, but the exercise was suspended when results from 10 Local Government Areas 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.
This declaration was made while outstanding results were yet to be announced. INEC subsequently described his action as illegal, stating that it was null and void, suspended him, and intends to prosecute him for electoral malpractice.
YOU SHOULD NOT MISS THESE HEADLINES FROM NIGERIAN TRIBUNE
I study 10 hours, sleep 5 hours daily — Imo first-class graduate with perfect 5.0 GPA, Igboanugo
Igboanugo Annastatia, who graduated with first-class honours, in this interview, reminisced about memorable moments that…
PHOTOS: How Aquatech College was demolished ‘with students on site’
It was a traumatic experience for students of Aquatech College of Agriculture and Technology on Thursday, as…
Nigerians have slammed Former Governor of Ekiti State Ayodele Fayose over his sudden support for President Bola Tinubu, saying he only…
VIDEO: My father deflowered me at 10, made love to me thrice weekly, Lady opens up
A young Nigerian Lady identified as Precious has revealed the horrifying ordeal of how she has been sexually abused by…
Ronaldo beats Messi to become world’s highest-paid athlete
For the first time since 2017 (and third time overall), Cristiano Ronaldo has topped Forbes’ list of the world’s highest-paid athletes, earning…
THE ongoing horror in the South-East being perpetrated by suspected members of the outlawed Indigenous Peoples of…
