Justice Donatus Okorowo of the Federal High Court, Abuja, barred the Independent National Electoral Commission (INEC) from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of Aisha Dahiru, the All Progressives Congress (APC) candidate, as go
Donatus Okorowo gave the order on Monday after Binani’s counsel, Michael Aondoaka, SAN, 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 said 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.
The counsel said the INEC’s decision to prosecute any person involved in Binani’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.
Aondoaka told 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.
According to him, an undertaking had been signed to prove to the court that the present suit was not frivolous, adding that in the undertaking, they were ready to face any cost should the court find the case to be frivolous.
After Aondoaka’s submission, Justice Okorowo directed the parties to maintain the status quo ante bellum pending the hearing and determination of the matter.
The judge postponed the matter to July 18 for a hearing, and ordered the respondents to show cause while the reliefs sought by Binani should not be granted.
