ABUJA, Nigeria – The Federal High Court in Abuja, Nigeria declined to extend its interim order on Tuesday, July 18, 2023, which had previously restrained 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.
The court’s initial order was pending the hearing and determination of a motion filed by Senator Aishatu Dahiru, widely known as Binani.
INEC seeks to prosecute the suspended REC for declaring Aisha Dahiru Ahmed, known as Binani, the All Progressives Congress, APC, candidate, as the winner of the Adamawa state governorship election held on April 15, 2023.
According to INEC, the REC’s declaration of Binani as the winner was “illegal and null and void,” as the collation of votes was not yet complete.
Previously, the court ordered the parties involved in Binani’s motion, named INEC, IGP, and the AGF as defendants, to maintain the status quo until the substantive suit was decided.
The defendants were also asked to appear before the court on July 18 to present their reasons why they should not be permanently restrained from prosecuting the suspended Adamawa State REC.
At Tuesday’s proceedings, Rotimi Jacobs, SAN, counsel for INEC, argued that Binani’s team did not serve the defendants with the court’s July 10, 2023, order.
Jacobs, who also claimed the defendants had not been served with the originating summons filed by Binani, contested the court’s competence and jurisdiction to hear the case.
In contrast, Michael Aondoaka, SAN, counsel for Binani, contended that the interim order has not elapsed as the defendants have not shown cause as directed by the court.
“Counsel to INEC cannot say he was not served with the court processes as he had joined issues in the matter,” Aondoaka argued.
Justice Donatus Okorowo adjourned the matter until Monday, July 24, for the hearing of the originating summons served on the defendants in court on Tuesday, July 18, 2023.
He declined to extend the interim order halting the prosecution of the suspended Adamawa state REC.
The suit, marked ABJ/CS/935/2023, seeks the court’s interpretation of section 144 of the Electoral Act 2022 and a preservative order to maintain the status quo pending the suit’s determination.
Aondoaka urged the court to halt the harassment of Hudu Yunusa Ari, the star witness in the petition challenging INEC’s declaration of Peoples Democratic Party, PDP, the candidate and state governor, Ahmadu Fintiri, won on Sunday, April 16, 2023.
Aondoaka argued that the continuous harassment could jeopardize his client’s case at the tribunal.
“The matter is time-bound before a tribunal,” Aondoaka emphasized. “Since INEC has declared the applicant, the declaration can only be legally and authentically reversed, if need be, by a court of competent jurisdiction or a tribunal.”
Binani had 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 controversy began with the Adamawa State governorship supplementary election on April 15, 2023.
After voting ended, the collation of results was suspended after results from 10 local government areas were announced.
Yunusa-Ari declared Senator Binani the winner before the collation resumed on April 16, 2023, prompting INEC to suspend him for what they termed as electoral malpractice.
