The Abuja division of the Federal High Court has ordered the Independent National Electoral Commission (INEC), to stop the prosecution of suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
Justice Donatus Okorowo gave the order on Monday following an ex-parte motion moved by counsel to Aisha Dahiru, Mr Michael Aondoaka, SAN.
The judge has ordered the respondents to provide a valid explanation for denying Mrs. Dahiru’s requests.
Background
Mrs Dahiru of the APC won the gubernatorial election in Adamawa on March 18, according to the former REC Yunusa-Ari. Respondents must provide a valid explanation opposing Mrs. Dahiru’s requests as mandated by the judge to avoid unfavorable consequences.
He declared her winner even when coalition of results had not ended. He was suspended by INEC due to their unauthorized declaration that Binani had won,
INEC says the actions were a violation of the State Returning Officer’s rights to announce election results.
Read also: Aishatu Ahmad “Binani”’s declaration, what the law says
Subsequently Binani approached the federal high court in an ex-parte motion marked FHC/ABJ/CS/935/2023 with INEC, Attorney-General of the Federation (AGF) and another as the respondents.
Aondoaka claims INEC’s action violates Section 285(6) by not hearing the May 6 petition within 180 days.
Court proceeding
INEC cannot press charges against my client until the election petition tribunal has made a decision, according to Section 149 of the Electoral Act (2022), argued the SAN in court on Monday.
He filed a lawsuit with Justice Inyang Ekwo for a judicial review of INEC’s actions.
That the court referred Binani to file her lawsuit at the tribunal since it’s an an election-related matter.
It is crucial to mention that a document was signed to demonstrate the importance of the lawsuit.
He promised the court that they are ready to face the consequences if the court later finds out that the case lacks merit.
Court’s decision
Justice Okorowo ordered the parties to maintain the status quo ante bellum until the hearing and determination of the suit.
The court further adjourned the case till July 18 for hearing.
Defendant needs strong reasons to deny Dahiru’s request at next hearing.