Adamawa: Embattled REC acting out Mahmood Yakubu’s script – Atiku, Binani heads to court, as INEC invites police

Media Camp of Dr Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP) in the February 25 election, has declared that the embattled Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, was only acting out the script written by the National Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu.

Atiku’s Special Assistant on Public Communication, Phrank Shaibu, who disclosed this Monday, further posited that purported suspension of the Adamawa REC without his arrest and prosecution ‘was merely a slap in the wrist.’

The Adamawa REC had in clandestine sitting at the State Collation Centre where the results for the Adamawa governorship supplementary election were being collated, hurriedly declared the governorship candidate of the opposition All Progressives Congress (APC), Hajia Aishatu Ahmed Dahiru, popularly called Binani, as winner and governor-elect, without the backing data, and even as results of nearly 11 local government areas out of the 20 in the state were still being awaited.

Senator Aishatu currently represents Adamawa Central at the National Assembly .

In the ensuing melee, the REC was bundled out by irate party agents and ushered into a waiting vehicle, but only after receiving mob action.

The INEC Headquarters subsequently barred the embattled REC from accessing its office in Abuja after summoning him along with the state’s Collation and Electoral officers over the Sunday action.

INEC has since annulled the declaration of Binani as governor-elect, as it also suspended further collation of election results in the state.

Reacting to the development in Adamawa State, Shaibu said the national leadership of the INEC could not pretend to be unaware of the many allegations hanging on the neck of the Adamawa REC.

According to Shaibu, the suspension of the Adamawa REC without his arrest and prosecution was merely a slap in the wrist.

“It is crystal clear even to the blind that the Adamawa REC learnt well from the INEC Chairman. INEC as an organization, from the top to the bottom is akin to Ali Baba and the 40 thieves. As a matter of fact, the baby goat learns to eat grass by diligently watching the mama devour the lush grass around them.

“Over a month ago, Sahara Reporters published an audio clip where the Adamawa REC was heard directing an election official, Hammajam Mohammed, to rig the governorship election in favour of Binani.

“In the leaked audio, Yunusa told Mohammed to do everything humanly possible to make Binani win. He told the electoral official that he was instructed by a higher authority to make Binani win. Governor Ahmadu Fintiri complained severally about the compromised REC but INEC did nothing about it.

“Despite having over one month to prepare for this supplementary poll, INEC retained this compromised REC who went ahead to undermine the election once more. From all that has happened, it is obvious that Yunusa-Ari was acting on orders from above and that is why Governor Ahmadu Fintiri’s warnings were ignored.

“This carefully orchestrated action is a reflection of the electoral heist of February 25, 2023 when the INEC Chairman, Mahmood Yakubu, decided to announce Bola Tinubu of the APC as winner despite the many irregularities and complaints from several opposition parties. Indeed, Yunusa-Ari acted like his father and boss, Mahmood Yakubu,” Shaibu said.

He further noted that the Adamawa fiasco came as no surprise since, according to him, INEC had always been in bed with Binani and had admitted in a statement that it awarded a contract to one of her companies.

“INEC had in a statement by National Commissioner, Festus Okoye, admitted to awarding a sensitive contract to the Binani Printing Press Limited, a firm owned by the APC governorship candidate.

“In the statement, Okoye had claimed that the company was awarded the contract as a way of stimulating the economy and encouraging Nigerian enterprise. It is obvious that Binani and INEC are in bed together,” Atiku’s aide said.

“This is a man who promised over and over again to upload the results of elections in real-time unto the INEC’s portal and failed to do so yet he lacks the decency to apologise to over 200 million people. Nearly two months after that shambolic election, all the results have yet to be uploaded.

“Results from Rivers State even show that Tinubu did not even win in that state. Rather than suspend the announcement of results, Mr Yakubu decided to announce Tinubu as the winner. One wonders how such a man sleeps at night.” 

Meanwhile, the APC governorship candidate in Adamawa, Binani has filed a motion exparte at the Federal High Court, Abuja seeking an order restricting INEC from tempering with initial announcement made by the REC declaring her as the authentic winner of 2023 Adamawa Stare governorship election.

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.

Binani Dahiru has filed a motion exparte before the Federal High Court in Abuja seeking a judicial review of the administrative decision of the Independent National Electoral Commission (INEC) on April 16th in respect of her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15.

Senator Binani 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.

Binani’s application was brought pursuant to Order 34 rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Section 149 & 152 of the Electoral Act 2022.

On the grounds under which the application is brought, the Senator stated that after the collation of results, INEC (which she sued as the first respondent), declared her as the winner of the elections but the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri who was sued as the 2nd & 3rd respondents resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.

This crisis, she says, led INEC to cancel the initial declaration which it had no power to do as only the election petition tribunal is vested with such powers.

By cancelling her declaration, Senator Binani contends that INEC usurped the powers of the election petition tribunal which is the only court vested with powers on a declaration from the conduct of an election.

In documents put before the court, Senator Binani through her lawyers led by Senior Advocate of Nigeria, Hussaini Zakariyau, says a judicial review exists to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.

The applicant further submits that the INEC being an agency of the government can have its actions, records, and decisions checked by the court and only a court can nullify the actions of an INEC official and not the INEC itself.

Meanwhile, unconfirmed reports claim that INEC in Abuja has now moved to prosecute its embattled REC for Adamawa State, Barrister Hudu Yunusa Ari following his role in the illegal declaration of Binani as governor-elect in the yet-to-be concluded Adamawa governorship election, Sunday.

Reports further claim that the INEC hierarchy, Tuesday, rising from a scheduled meeting decided to write the Inspector-General of Police (IGP), Usman-Alkali Baba, for the immediate investigation and prosecution of Barr. Yunusa Ari.

“Our Commission will also request the Secretary to the Government of the Federation, SGF, to draw the attention of the appointing authority to the unwholesome behaviour of the REC for further action,” a source disclosed.