Justice Inyang Ekwo of the Federal High Court sitting in Abuja on Wednesday dismissed the suit filed by the Adamawa state Governorship Candidate of the All Progressives Congress (APC) Senator Aisha Dahiru Binani seeking to be affirmed as the winner of the Adamawa state governorship election.
Justice Ekwo’s dismissal of the suit followed a notice of discontinuance filed by Binani through her counsel, Mohammed Sheriff.
Justice Ekwo who had on April 18 adjourned till April 26 for Binani’s counsel to address the court on jurisdiction to entertain the matter said, the counsel failed to do so and he granted the request for discontinuance and consequently dismiss the suit.
Binani had, in an exparte motion, sought leave of the court for a judicial review of the administrative decision of the Independent National Electoral Commission (INEC) on April 16th in respect of her declaration as winner of the governorship elections of Adamawa state held on March 18 and the supplementary elections of April the 15th, 2023.
Senator Binani, in the motion, wants an order of prohibition and certiorari preventing the electoral body 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.
The application which was brought pursuant to order 34 rules 1a, order 3(1) & 3(2) a, b, c, order 6 of the Federal High Court (civil procedure rules) 2019 and section 251 (1)q & r of the 1999 constitution, as well as section 149 & 152 of the Electoral Act 2022 states that the grounds under which the application was brought, the senator stated that after the collation of results, INEC (which she sued as the first respondent), declared her as the winner of the elections but the PDP and its candidate, Gov. Ahmadu Fintiri who were sued as the 2nd and 3rd respondents resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
The crisis, she said, led the electoral body to cancel the initial declaration which it had no powers to do as only the election petition tribunal is vested with such powers.
By cancelling her declaration, she contends 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 exparte motion, she said, a judicial review exists to enable the superior court checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.
The applicant further submitted that INEC, being an agency of the government can have its actions, records and decisions checked by the court and only a court can nullify the actions of an INEC official and not the electoral umpire itself.
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