Legal Battle Resumes
Aisha Dahiru, popularly known as “Binani,” the All Progressives Congress (APC) candidate in the Adamawa State governorship election, has filed a fresh lawsuit against the Independent National Electoral Commission (INEC) over the nullification of her declaration as governor. Binani’s counsel, Michael Aondoaka, SAN, presented the case before Justice Donatus Okorowo of the Federal High Court in Abuja, seeking a judicial review of INEC’s decision.
Jurisdiction Dispute
Aondoaka argued that the election petition tribunal should decide the fate of his client, as per Section 149 of the Electoral Act, 2022. He highlighted that INEC’s reversal of Binani’s victory announcement would deprive her of the provision in Section 285(6), which allows 180 days for the resolution of her petition filed before the tribunal on May 6th.
Prosecution Halted
In a separate development, Justice Okorowo ordered the Attorney General of the Federation (AGF) and INEC to halt the prosecution of Mr Yunusa Hudu, the INEC Resident Electoral Commissioner. Hudu had declared Binani as the winner of the April 15 governorship rerun election in Adamawa State. The court ruled in favor of Binani’s application, which sought to interpret Section 144 of the Electoral Act 2022 and maintain the status quo until the suit is resolved. Binani’s legal team expressed concern that Hudu’s inability to testify due to harassment would adversely impact their case.
