Senator Aisha Ahmed known as Binani of the All Progressive Congress (APC) has sued the Independent National Electoral Commission (INEC).
She approached the court on Monday in an ex-parte application seeking an order preventing INEC and its agents from taking any further steps toward her declaration pending the determination of the judicial review application.
Listed as respondents in the suit are; INEC, the PDP, and Ahmad Umar Fintiri, the Governor of Adamawa state.
She submitted that the suit was brought pursuant to Order 34 Rules 1a, Order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Sections 149 & 152 of the Electoral Act 2022.
Hussaini Zakariyau, SAN, her lawyer said a judicial review exists to enable the superior court to checkmate the actions and decisions of lower courts as well as the legislative and administrative arm of government including agencies and public officers.
According to her, INEC does not have the legal right to void her declaration as the winner as only a court can nullify the actions of an INEC official and not the INEC itself.
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She said “INEC after the declaration of Senator Aisha Dahiru Ahmed as the winner usurped the powers of the Election Petition Tribunal and declared the declaration null and void.
“The first respondent does not have the requisite powers to declare an election in which the winner has been declared null and void.”
“The only court with power on a declaration made from the conduct of an election is only the election petition tribunal set up by the 1999 Constitution.” Binani submitted.
Background
On April 16, the Resident Electoral Commissioner (REC) INEC in Adamawa state, Hudu Yunusa Ari declared Binani, the governor-elect of the State.
The returning officer, Mele Lamido, was not present when Ari announced Binani as the winner of the election.
Following the declaration, INEC issued a statement saying the declaration was null and void and ordered the suspension of the coalition of results in the state.
INEC in the statement noted that the REC’s action is a usurpation of the power of the Returning Officer.
The statement by Festus Okoye, INEC’s spokesperson reads
‘’The attention of the Commission has been drawn to a purported declaration of a winner in the Adamawa Governorship election by the Resident Electoral Commissioner (REC) even when the process has clearly not been concluded.
‘’The action of the REC is a usurpation of the power of the Returning Officer. It is null, void and of no effect. Consequently, the collation of the results of the supplementary election is hereby suspended.
‘’The REC, Returning Officer, and all involved are hereby invited to the Commission’s Headquarters in Abuja immediately. Detailed statement to follow shortly.’’
However, due to the strike by aviation workers, the INEC officials could not report to the committee in Abuja.
INEC in turn issued a statement directing the REC to stay away from its offices in Adamawa state and ordered the Administrative Secretary to take full charge of INEC, Adamawa State, with immediate effect.
However, in a fresh twist, PDP has given INEC a 72-hour ultimatum to conclude the supplementary poll and declare the winner of the governorship election.
