The governorship candidate of the All Progressives Congress (APC) in Adamawa state in the 2023 election, Aisha Dahiru Binani has, again, dragged the Independent National Electoral Commission (INEC) to court over the nullification of her declaration as governor of Adamawa in the March 18 governorship election.
TheHintsNews reports that the suspended Adamawa state Resident Electoral Commissioner (REC), Hudu Ari had declared Binani as the winner of the supplementary poll held on April 15, 2023 even though the collation of results of the supplementary election had yet to be completed.
However, Binani, through her counsel, Michael Aondoaka, SAN, filed the fresh suit before Justice Donatus Okorowo of a Federal High Court, Abuja.
TheHintsNews recalled that Binani had, on April 26, withdrawn the suit before Justice Ekwo, following the declaration of Fintiri as the winner of the governorship poll.
Binani’s counsel, Mohammed Sheriff, upon resumed hearing in the matter, had told Justice Ekwo that a notice of discontinuance had been filed to that effect and urged the court to strike out the case.
Ekwo reminded Sheriff that an order was given on the last adjourned date directing him to address the court on whether the court had the jurisdiction to entertain the case or not.
The lawyer, who informed the court that a lot of issues had come up between the last date of adjournment and today, begged for an order striking out the suit.
The judge, consequently, dismissed the suit.
However, the APC governorship candidate, again, decided to make a U-turn and sought a judicial review of the decision by INEC to reverse her earlier announcement.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, Binani, sued INEC, the Peoples Democratic Party (PDP) and its candidate, Gov. Ahmadu Fintiri as 1st, 2nd and 3rd respondents respectively.
Aondoaka while moving the motion on Monday, argued that it was the election petition tribunal that was vested with the power to decide the fate of his client in accordance with Section 149 of the Electoral Act, 2022.
He said the decision of INEC would deprive Binani of Section 285(6) which gives 180 days within which her petition filed before the tribunal on May 6 could be dispensed with.
Aondoaka who informed the court that though a similar suit was earlier filed before Justice Inyang Ekwo, he said the sister court ordered Binani to approach a tribunal for her suit, having been an election-related matter.
He, therefore, sought a review of the INEC’s action.
He said an undertaking had been signed to prove to the court that the present suit was not frivolous.
