YOBE, Nigeria – Aisha Dahiru, popularly known as “Binani,” the All Progressives Congress, APC, candidate in the Adamawa governorship election, has, for the second time, sued the Independent National Electoral Commission, INEC, over the reversal of her earlier announced victory in the March 18, 2023, governorship election.
The suit was filed on Monday, July 10, 2023, before Justice Donatus Okorowo of a Federal High Court, Abuja, through Binani’s counsel, Michael Aondoaka, SAN.
The ex-parte motion marked FHC/ABJ/CS/935/2023 also includes the People’s Democratic Party (PDP) and its candidate, Gov. Ahmadu Fintiri, as the 2nd and 3rd respondents, respectively.
The suit seeks a judicial review of INEC’s decision to retract Binani’s earlier declaration as the winner of the poll by the state’s Resident Electoral Commissioner, REC, Hudu Yunusa-Ari.
Aondoaka argued that the election petition tribunal was vested with the power to decide his client’s fate, as per Section 149 of the Electoral Act, 2022.
He contended that INEC’s decision could infringe on Binani’s rights under Section 285(6), which stipulates a 180-day period within which her petition filed before the tribunal on May 6 could be resolved.
He noted that a similar suit was earlier filed before Justice Inyang Ekwo, but Binani was directed to approach a tribunal as her suit was election-related.
However, they are now seeking a review of INEC’s action.
After hearing Andoaka’s argument, Justice Okorowo stood down the matter for ruling.
It should be noted that on April 26, 2023, Binani withdrew the suit before Justice Ekwo following the declaration of Fintiri as the winner of the governorship poll.
But, due to her counsel’s failure to address the court on its jurisdiction to hear the case, the judge dismissed the matter. This led to the filing of the current suit.
