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Court Halts Prosecution Of Suspended Adamawa REC

        Hudu Yunusa-Ari

A Federal High Court sitting in Abuja has halted the Independent National Electoral Commission (INEC) from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC) Hudu Yunusa-Ari.  

Justice Donatus Okorowo gave the order on Monday following an ex-parte motion moved by Mr Michael Aondoaka, SAN, counsel to the defendant. 

News Rider reports that Yunusa-Ari declared the candidate of  All Progressives Congress (APC) Aisha Dahiru popularly called Binan as winner of the March 18, 2023, gubernatorial election while results were collated only in 11 out of 20 Local Government Areas.

But in the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate sued INEC, Attorney-General.of the Federation (AGF) and another as respondents.

While moving the motion, Aondoaka 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 stated that the decision of INEC to file action against any person involved in Dahiru’s April 15 declaration as winner of the supplementary poll in Adamawa 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.

The senior lawyer, who 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, added that a similar court ordered Binani to approach the tribunal with her suit, having being an election-related matter.

He said that an undertaking had been signed to prove to the court that the present suit was not frivolous.

Aondoaka hinted that in the undertaking, they were ready to face any cost should the court find the case to be frivolous.

After the argument, 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 hearing, ordered the respondents to show cause while the reliefs sought by Dahiru should not be granted. 

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