ABUJA, Nigeria – A Federal High Court in Abuja, on Monday, July 10, 2023, prevented the Independent National Electoral Commission, INEC, from continuing with its prosecution of Hudu Yunusa-Ari, the suspended Adamawa Resident Electoral Commissioner, REC.
The case is related to his declaration of Aisha Dahiru, the All Progressives Congress, APC, candidate, as the elected governor following the March 18, 2023, poll.
Justice Donatus Okorowo gave the directive following an ex-parte motion presented by Michael Aondoaka, SAN, who serves as Dahiru’s legal counsel.
The ex-parte motion, labeled FHC/ABJ/CS/935/2023, was filed by the APC candidate and names INEC, the Attorney-General of the Federation, AGF, and another respondent.
Aondoaka argued that the prosecution of Yunusa-Ari would be invalid until the election petition tribunal determines his client’s fate, as stipulated by Section 149 of the Electoral Act, 2022.
He mentioned that INEC’s decision to take legal action against any individual involved in Dahiru’s April 15, 2023, declaration as the supplementary poll winner in the state was premature, as the tribunal has yet to rule on his client’s petition.
He contended that this would deprive her of her rights under Section 285(6), which provides a 180-day window for the resolution of the petition, filed on May 6, 2023.
Despite a similar suit filed before Justice Inyang Ekwo previously, the senior lawyer indicated that his client had been directed to approach a tribunal due to the election-related nature of her suit.
Aondoaka further told the court that an undertaking had been signed to assert that the current suit was not unfounded.
In the agreement, they declared their readiness to bear any costs if the court were to deem the case as frivolous.
Upon hearing Aondoaka’s arguments, Justice Okorowo ordered all parties involved to maintain the status quo pending the hearing and resolution of the matter.
The case has been adjourned until July 18, 2023, for hearing.
The judge further directed the respondents to explain why the reliefs sought by Dahiru, popularly known as “Binani”, should not be granted.
