The Federal High Court sitting in Abuja, yesterday, ordered Attorney General of the Federation (AGF) and Independent National Electoral Commission (INEC) to halt the prosecution of a suspended Resident Electoral Commissioner (REC), Hudu Yunusa Ari, for declaring Senator Aishatu Dahiru Binani as winner of the April 15 governorship election in Adamawa State.
Justice Donatus Okorowo gave the order, following an ex-parte application brought by Mike Aondoaka, the counsel for Binani, who was the candidate of the All Progressives Congress (APC).
The court held that since the matter is before a tribunal and the parties have submitted to the law, they should maintain status quo, pending conclusion of the suit.
At mention of the suit marked, FCT/ABJ/CS/735/2023, counsel to the applicant brought before the court two applications: a motion seeking to interpret Section 144 of the Electoral Act 2022 and a preservative order seeking maintenance of the status quo, pending determination of the suit.
The senior lawyer, in his application, drew attention of the court to the fact that the matter was before a tribunal and time-bound, whereas his star witness, Ari, is being harassed and prevented from giving evidence before the tribunal, which, if continued, could affect the process.
The lawyer, therefore, urged the court to halt harassment of the star witness in the petition before a governorship tribunal, challenging INEC’s declaration of Ahmadu Fintiri of the Peoples Democratic Party (PDP) as winner.
The lawyer told the court that according to relevant laws, since the applicant has been declared winner by INEC, the declaration could only be legally and authentically reversed, if need be, by a court of competent jurisdiction or tribunal.
Binani had, earlier, filed a suit before a sister court presided over by Justice Inyang Ekwo. This was, however, dismissed, following a notice of discontinuance filed by the applicant through her lawyer.
The court adjourned to July 18 for respondents to show why the applicant’s relief should not be granted.
