The Independent National Electoral Commission (INEC) has been stopped by a Federal High Court in Abuja, on Monday, from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of the gubernatorial candidate of the All Progressives Congress, APC, Aisha Dahiru, popularly known as Binani as the winner of the March 18 polls.
Justice Donatus Okorowo made the order after Mr Michael Aondoaka, SAN, counsel to Dahiru, moved the ex-parte motion to the effect.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll, sued INEC, the Attorney-General of the Federation (AGF) and another as respondents.
Aondoaka, while moving the motion on Monday, argued that until the election petition tribunal decides the fate of his client in accordance with Section 149 of the Electoral Act, 2022, the prosecution of Yunusa-Ari cannot be said to be valid.
He said the decision of INEC to file an action against any person involved in Dahiru’s April 15 declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client, would deprive her of Section 285(6) of the law which gives 180 days within which the petition filed on May 6 should be dispensed with.
The senior lawyer informed the court that though a similar suit was earlier filed before Justice Inyang Ekwo where a judicial review of INEC’s action was sought, the sister court ordered Binani to approach a tribunal with her suit, having been an election-related matter.
He said an undertaking had been signed to prove to the court that the present suit was not frivolous.
After listening to Andoaka, Justice Okorowo ordered the parties to maintain status quo ante bellum pending the hearing and determination of the matter.
The judge, who adjourned the matter until July 18 for a hearing, ordered the respondents to show cause while the reliefs sought by Dahiru, popularly called “Binani”, should not be granted.
