Court rejects Binani’s application for recognition as governor-elect
Federal High Court of the Federal Capital Territory (FCT) sitting in Abuja, has declined to grant the application sought by the candidate of the All Progressives Congress (APC), Senator Aishatu ‘Binani’ Ahmed Dahiru to be recognized as governor-elect in the Adamawa State Governorship Supplementary Election.
Senator Dahiru had filed a motion exparte before the Federal High Court in Abuja, Monday, 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.
Binani, in the suit she jointly filed with her party, the All Progressives Congress, on April 17 and marked FHC/ABJ/CS/510/2023, 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 Adamawa North 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 Dahiru, through her lawyers led by Senior Advocate of Nigeria, Hussaini Zakariyau, argued that 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.
However, delivering ruling on the application, Tuesday, Justice Inyang Ekwo, ordered the applicant’s counsel Mohammed Sheriff to address if the court has a jurisdiction to handle the matter before adjourning the case till April 26.
INEC has since, Monday, disassociated itself from the announcement made by the REC Ari, which it described as ‘null and void’ on the grounds that the now suspended Resident Electoral Commissioner (REC), Hudu Yunusa Ari, had usurped the powers of the Returning Officer in making the declaration, last Sunday.
INEC, Tuesday, also disclosed that it has officially invited the Inspector General of Police, Usman Baba, to investigate and prosecute Yunusa-Ari for illegally declaring Dahiru, as governor-elect, last Sunday.
