On Monday, a Federal High Court in Abuja barred the Independent National Electoral Commission (INEC) from bringing charges against suspended Adamawa Resident Electoral Commissioner (REC) Hudu Yunusa-Ari for declaring All Progressives Congress (APC) candidate Aisha Dahiru as the winner of the March 18 election.
After Mr. Michael Aondoaka, SAN, counsel for Dahiru, brought the ex-parte motion in that regard, Justice Donatus Okorowo issued the ruling.
The APC candidate in the election sued INEC, the Attorney-General of the Federation (AGF), and another party as respondents in the ex-parte action with the file number FHC/ABJ/CS/935/2023.
Aondoaka made the motion on Monday and stated that Yunusa-Ari cannot be prosecuted until the election petition tribunal decides his client’s destiny in accordance with Section 149 of the Electoral Act, 2022.the prosecution of Yunusa-Ari cannot be said to be valid.
When the tribunal had yet to rule on his client’s petition, he claimed, INEC’s decision to take action against anyone connected to Dahiru’s declaration as the winner of the state’s supplementary election on April 15 would deprive her of the 180-day deadline provided by Section 285(6) of the law for disposing of the petition filed on May 6.
The senior attorney said the sister court had ordered Binani to go to a tribunal with her suit because it was an election-related matter, even though a similar lawsuit had already been brought before Justice Inyang Ekwo where a judicial review of INEC’s decision was requested.
In order to show the court that the current lawsuit was not frivolous, he claimed that an undertaking had been signed.
Should the court decide the case to be frivolous, he stated in the commitment that they would be willing to bear any costs.
Justice Okorowo instructed the parties to maintain the status quo ante bellum until the hearing and resolution of the case after hearing from Andoaka.
The judge directed the defendants to provide justification as to why the reliefs requested by Dahiru, also known as “Binani,” should not be granted. The matter was then postponed until July 18 for a hearing.
