July 10, (THEWILL) – The Federal High Court, Abuja, has ordered the Independent National Electoral Commission (INEC) to maintain “status quo” in its plan to prosecute the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of Aisha Dahiru, the candidate of the All Progressives Congress (APC) in the March 18 gubernatorial election in the Adamawa State, as winner.
Justice Donatus Okorowo made the order on Monday, after Michael Aondoaka (SAN), counsel to Dahiru, moved an 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 the Inspector General of Police.
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 argued that 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.
Aondoakaa maintained that his client is a petitioner at the Tribunal and has alluded to the fact that she was declared the winner of the State governorship election but it was subsequently voided by INEC’s national leadership.
Aondoaka added that INEC has joined issues at the Tribunal and has filed its response that the declaration made by Hudu amounted to illegality.
Aondoaka argued that the REC, being his star witness, his prosecution by INEC will jeopardise his evidence and testimony.
In his ruling on Monday, Justice Okorowo held that in line with Sections 144 and 149 of the Electoral Act, Binani has a legal right to challenge INEC’s decision because the Tribunal has not made any recommendations regarding the Adamawa state election.
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, popularly called “Binani”, should not be granted.
