Abuja – The Federal High Court in Abuja has declined to extend its interim order, issued on July 10, which halted the prosecution of the suspended Resident Electoral Commissioner (REC) of Adamawa state, Hudu Yunusa Ari, by the Independent National Electoral Commission (INEC), Inspector General of Police (IGP), and the Attorney General of the Federation (AGF). The order was granted pending the hearing and determination of a motion filed by Senator Aishatu Dahiru, also known as Binani.
INEC had sought to prosecute the suspended REC for declaring Senator Binani, the governorship candidate of the All Progressives Congress (APC), as the winner of the Adamawa state governorship election held on April 15, 2023.
The court had directed the parties involved in Binani’s motion, including INEC, IGP, and the AGF, to maintain the status quo until the substantive suit is resolved. The defendants were also instructed to appear before the court on July 18 to show cause why they should not be permanently restrained from prosecuting the suspended Adamawa state REC.
During the proceedings on Tuesday, Mr. Rotimi Jacobs (SAN), counsel for INEC, informed the court that the applicant had not served the defendants with the court’s July 10 order. Jacobs also stated that the defendants had not been served with the originating summons filed by Binani. In a counter affidavit, INEC’s counsel challenged the competence and jurisdiction of the court to hear the matter.
Jacobs pointed out that the interim order’s duration expired on July 18. However, Michael Aondoaka (SAN), counsel to Binani, argued that the interim order had not expired since the defendants had not fulfilled the court’s directive to show cause.
Aondoaka emphasized that INEC’s counsel cannot claim he was not served with the court’s processes, as he had actively participated in the case.
Justice Okorowo adjourned the case until Monday, July 24, to hear the originating summons that were served on the defendants in court on Tuesday. The court refused to extend the interim order halting the prosecution of the suspended Adamawa state REC.
In the suit marked ABJ/CS/935/2023, the applicant seeks the court’s interpretation of Section 144 of the Electoral Act 2022, as well as a preservative order to maintain the status quo until the suit is resolved.
Aondoaka informed the court that the matter is currently before an election tribunal and is time-bound. He expressed concern that the star witness for his client, Hudu Yunusa Ari, was facing harassment and being prevented from providing evidence before the tribunal, which could jeopardize his client’s case.
The lawyer urged the court to intervene and halt the harassment of the star witness in the petition before the governorship election petition tribunal. The petition challenges INEC’s declaration of the candidate of the Peoples Democratic Party (PDP) and the incumbent governor of the state, Ahmadu Fintiri, as the winner on Sunday, April 16, 2023.
Aondoaka highlighted that, according to relevant laws, once a candidate has been declared by INEC, the declaration can only be legally reversed by a court of competent jurisdiction or a tribunal, if necessary.
