Aisha Dahiru, also known as “Binani,” the All Progressives Congress (APC) candidate for governor of Adamawa, has once more sued the Independent National Electoral Commission (INEC) over the invalidation of her declaration as governor of Adamawa non the March 18 governorship election.
Binani filed the new lawsuit before Justice Donatus Okorowo of a Federal High Court in Abuja through her attorney, Michael Aondoaka, SAN.
The APC candidate in the election sued INEC, the Peoples Democratic Party (PDP), and Gov. Ahmadu Fintiri, the PDP’s candidate, as the first, second, and third respondents, respectively, in the ex-parte motion marked: FHC/ABJ/CS/935/2023.
Binani once more requested a judicial review of the INEC decision to overturn the REC for the state, Hudu Yunusa-Ari, who had previously declared Binani the election’s winner.
Aondoaka made the move on Monday and contended that, in accordance with Section 149 of the Electoral Act of 2022, the election petition tribunal has the authority to determine the fate of his client.
According to him, Binani would lose the 180-day window provided by Section 285(6), which she submitted with the tribunal on May 6, if INEC’s decision were to stand.
The senior attorney said the sister court had ordered Binani to go to a tribunal because her action was an election-related matter, even though an identical one had previously been brought before Justice Inyang Ekwo.
He requested a review of the INEC’s decision as a result.
He said a commitment had been signed as evidence for the court.
In order to show the court that the current lawsuit was not frivolous, he claimed that an undertaking had been signed.
If the court deemed the case to be frivolous, he stated in the undertaking that they would be willing to bear any costs.
Justice Okorowo took Andoaka’s testimony under consideration before deciding the case.
Remember that when Fintiri was announced as the victor of the governorship election, Binani withdrew the lawsuit before Justice Ekwo on April 26.
When the case was being heard again, Mohammed Sheriff, counsel for Binani, informed Justice Ekwo that a notice of discontinuance had been filed to that effect and urged the court to dismiss the case.
Justice Ekwo reminded Mr. Sheriff that a decision was made during the previous adjourned hearing.
Justice Ekwo reminded Mr. Sheriff that he was required to address the court regarding whether or not the court had jurisdiction to hear the case in question when it was last adjourned.
The attorney pleaded for an order to dismiss the case after informing the court that numerous issues had arisen between the last date of adjournment and today.
However, the judge decided that dismissing the case was the proper course of action because Mr. Sheriff had disobeyed the court’s order.
