The suit filed by Aisha Dahiru-Ahmed, (Binani) the All Progressives Congress (APC) in the Adamawa gubernatorial election has been dismissed by the court earlier today.
Justice Inyang Ekwo of a Federal High Court, Abuja dismissed the case filed against the Independent National Electoral Commission (INEC).
Binani and APC, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, had sued INEC, PDP, and its candidate, Gov. Fintiri as 1st, 2nd, and 3rd respondents respectively.
Binani urged the court for a judicial review of INEC’s declaration of her as the winner of the poll as announced by Hudu Yunusa-Ari, the state’s Resident Electoral Commissioner (REC).
Today`s Proceeding
When the case resumed today, Mohammed Sheriff Binani’s Counsel told Justice Ekwo that a notice of discontinuance had been filed and prayed the court to strike out the case.
The lawyer pleaded for the case to be dismissed, stating that a lot of issues had come up between the last date of adjournment and the present.
Justice Ekwo told Sheriff that on the last adjourned date, an order was given, directing him to address the court on whether the court had the prerogative to admit the case or not.
The judge held that the suitable thing to do was to terminate the matter since Sheriff had failed to go by the order of the court.
“I hereby make an order dismissing this suit,” Justice Ekwo declared.
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Ekwo had on April 18, rejected to hear an ex-parte motion by Binani and ordered her counsel to address the court on the issue of jurisdiction before hearing the substantive motion.
The judge the lawyer must speak to the court on the issue of jurisdiction before he proceeded, irrespective of the fact that he was ready to hear Sheriff.
Ekwo subsequently adjourned the case until April 26 for a hearing.
INEC had, on April 19, declared Ahmadu Fintiri the People`s Democratic Party (PDP)’s candidate as winner of the governorship election held in the state.
In Binani’s suit, she also sought an order of prohibition and certiorari preventing INEC from taking any further steps declaring the winner of the poll pending the determination of her application.
Binani noted that following the collation of results, INEC declared her as the winner the PDP candidate resorted to fighting and causing a public disturbance, leading to the manhandling of an INEC staff.
She said the situation made INEC to withdraw the original declaration which it had no authority to do as only the election petition tribunal is conferred with such powers.
