A Federal High Court in Abuja, on Monday, halted the prosecution of the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of Aisha Dahiru, the All Progressives Congress (APC) candidate, as governor in the March 18 poll.
Justice Donatus Okorowo issued the order after Michael Aondoaka, SAN, counsel to Dahiru, presented the ex-parte motion to the court.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll filed a lawsuit against INEC, the Attorney-General of the Federation (AGF), and another respondent.
Aondoaka argued during the motion that the prosecution of Yunusa-Ari could not be considered valid until the election petition tribunal decides the fate of his client, in line with Section 149 of the Electoral Act, 2022.
He further stated that INEC’s decision to take legal action against anyone involved in Dahiru’s declaration as the winner of the supplementary poll in the state, while the tribunal is yet to determine the petition, would deprive her of the rights provided under Section 285(6) of the law. This section allows for a 180-day timeframe to resolve the petition filed on May 6.
The senior lawyer informed the court that a similar suit had previously been filed before Justice Inyang Ekwo, where a judicial review of INEC’s action was sought. However, the sister court directed Binani to approach a tribunal with her case since it involved an election-related matter.
To demonstrate that the present suit was not frivolous, an undertaking was signed and presented to the court.
After considering Aondoaka’s arguments, Justice Okorowo ordered the parties to maintain the status quo ante bellum until the matter is heard and resolved.
The judge adjourned the matter until July 18 for a hearing and directed the respondents to provide reasons why the reliefs sought by Dahiru, also known as “Binani,” should not be granted.