A Federal High Court in Abuja, presided over by Justice Donatus Okorowo, has issued an order restraining the Independent National Electoral Commission (INEC) from commencing the prosecution of Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) of Adamawa State. Yunusa-Ari had previously declared Aisha ‘Binani’ Dahiru, the candidate of the All Progressives Congress (APC), as the winner of the governorship election held on March 18.
The order was granted following the presentation of an ex-parte motion by Chief Michael Aondoaka, SAN, who represented Ms Dahiru. The motion, numbered FHC/ABJ/CS/935/2023, named INEC, the Attorney-General of the Federation (AGF), and another party as respondents.
Mr Aondoaka argued that it would be inappropriate to prosecute Yunusa-Ari while the Election Petition Tribunal’s decision concerning his client’s fate, based on Section 149 of the Electoral Act 2022, was still pending. He further contended that INEC’s decision to pursue legal action against those involved in the declaration of Ms Dahiru as the winner of the supplementary poll in Adamawa State, without waiting for the Tribunal’s judgment on the petition filed by his client on May 6, would violate section 285(6) of the law, which mandates the resolution of election petitions within 180 days.
He informed the court that a similar suit had been filed before Justice Inyang Ekwo seeking a judicial review of INEC’s actions. However, the sister court directed Ms Dahiru to bring her case before the Tribunal since it pertained to an election matter.
Mr Aondoakaa emphasized that an undertaking had been signed to demonstrate the seriousness of their case and their willingness to bear any costs determined by the court to be appropriate.
Upon hearing Mr Aondoaka’s arguments, Justice Okorowo instructed all parties to maintain the status quo ante bellum until the matter is heard and determined. The judge adjourned the case until July 18 and directed the respondents to justify why the reliefs sought by Ms Dahiru should not be granted.