A Federal High Court in Abuja, on Monday has ordered the Independent National Electoral Commission and two others to maintain “status quo” in its plan to commence trial of the suspended Adamawa Resident Electoral Commission, Hudu Yunusa-Ari, at the Adamawa High court.
Justice Donatus U. Okorowo gave the interim order in a motion exparte filed by the former All Progressive Congress (APC) governorship candidate in Adamawa, Senator Aisha Binani Dahiru, through her lawyer, M.K. Aondoakaa (SAN).
Binani sued the Independent National Electoral Commission, Inspector General of Police and the Office of the Attorney-General of the Federation.
She sought the court’s interpretation of whether INEC can charge or arraign Hudu Yunusa-Ari, the Resident Electoral Commissioner (REC) deployed for the Adamawa state election, when a Tribunal sitting is ongoing on the outcome of the gubernatorial election.
In her motion marked,FHC/ABJ/CS/935/2023, her lawyer, M.K. Aondoakaa (SAN) filed writ of summons seeking interpretation of Section 144 and 149 of Electoral Act 2022.
Section 144 and 149 of the Electoral Act 2022 reads, “The Commission shall consider any recommendation made to it by a tribunal with respect to the prosecution by it of any person for an offence disclosed in any election petition.
“Notwithstanding any other provisions of this Act, any defect or error arising from any actions taken by an official of the Commission in relation to any notice, form or document made or given or other things done by the official in pursuance of the provisions of the Constitution or of this Act, or any rules made thereunder remain valid, unless otherwise challenged and declared invalid by a competent court of law or tribunal.”
Aondoakaa maintained that his client, is a petitioner at the Tribunal and has alluded to the fact that she was declared the winner of the state governorship election but it was subsequently voided by INEC’s national leadership.
He added that INEC has joined issues at the Tribunal and has filed its response that the declaration made by Hudu amounted to an illegality.
He added that the REC is his star witness and his prosecution by INEC will jeopardise his evidence and testimony.
He asked the court, by way of exparte, that the REC being his witness at the Tribunal should not be prosecuted until the Tribunal concludes its finding (after its constitutional 180 days).
Recall that a statement issued by INEC’s spokesman, Festus Okoye, had said: “As provided by Section 145(1) of the Electoral Act 2022, an offence committed under the Act shall be triable in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. Furthermore, Section 145(2) of the Act provides that a prosecution under the Act shall be undertaken by legal officers of the Commission, or any legal practitioner appointed by it.
“Having reviewed the case file from the Police which established a prima facie case against Barr. Hudu Yunusa Ari, the Commission has filed a six-count charge against him at the Adamawa State High Court sitting in Yola.”
In his ruling on Monday, Justice Okorowo held that in line with Section 144 and 149 of the Electoral Act, Binani has a legal right to challenge INEC’s decision because the Tribunal has not made any recommendations regarding the state election.
The court, however, held that the respondents should be in court on July 18, 2023, to show cause why the exparte order should not be granted.
The judge ordered that parties should maintain “status quo ante bellum (the state existing before the war),” that is to halt any further action on the election pending the determination of the motion exparte.
Recall that in another Federal High Court sitting in Abuja, before Justice Inyang Ekwo, the court had on April 26 dismissed the application filed by Binani Dahiru, which claimed that the Independent National Electoral Commission cannot nullify the results declared by the State Resident Electoral Commissioner, Hudu Yunusa.
She had withdrawn the matter, citing internal party issues.
Binani had on April 16 accepted the result declared in her favor by Hudu even though the REC announced her winner without reading out the actual scores for each candidate as enshrined in the Electoral Act 2022.
Yunusa had walked into the collation center after the supplementary election was suspended on Saturday and announced Binani as the winner, drawing widespread criticism.
But INEC’s national leadership declared the announcement a nullity.
