Adamawa guber: Binani withdraws, court voids suits against INEC

 

The Federal High Court Abuja has dismissed the suit filed by candidate of the All Progressives Congress (APC) in the last Adamawa governorship election, Aisha Dahiru-Ahmed.

Dahiru-Ahmed, better known as Binani, had sought for judicial review of the decision by the Independent National Electoral Commission (INEC) to reverse her earlier announcement as winner of the election by the state’s Resident Electoral Commissioner (REC) Hudu Yunusa-Ari.

During Wednesday’s proceedings, her lawyer, Mohammed Sheriff, informed the court about the notice of discontinuance filed by the plaintiff and prayed the court to strike out the suit.

Following the motion for discontinuance, Justice Inyang Ekwo reminded Sheriff that an order was given on the last adjourned date directing him to address the court on whether the court had the jurisdiction to entertain the case or not.

The lawyer, who informed the court that a lot of issues had come up between the last date of adjournment and Wednesday, begged for an order striking out the suit.

The judge, however, held that since Sheriff had failed to go by the order of the court, the appropriate thing to do was to dismiss the matter.

“I hereby make an order dismissing this suit,” Justice Ekwo declared.

The judge had, on April 18, refused to hear an ex-parte motion filed by Binani.

Ekwo, instead, ordered the APC candidate’s counsel to address the court on the issue of jurisdiction before hearing the substantive motion.

The judge said though he was ready to hear Sheriff, the lawyer must address the court on the issue of jurisdiction before he proceeded.

He held that the application would be taken together with the issue of jurisdiction on the next adjourned date and adjourned until April 26 for hearing.

But the electoral umpire had, on April 19, declared the Peoples Democratic Party’s candidate and Gov. Ahmadu Fintiri the winner of the governorship election held in the state.

Binani and APC, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, had sued INEC, PDP and its candidate, Gov. Fintiri as 1st, 2nd and 3rd respondents respectively.

Binani, through her lawyer, Hussaini Zakariyau, SAN, had sought a judicial review of the administrative decision of INEC on April 16 in respect of her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15.

She is also seeking an order of prohibition and certiorari preventing INEC and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.