Adamawa Election: What Happened Yesterday In Binani’s Suit In Court

Adamawa Election: What Happened Yesterday In Binani’s Suit In Court

Due to the non-service of court process, Justice Donatus Okorowo of a Federal High Court in Abuja had to postpone the hearing of the suit filed by Senator Aishatu Dahiru against the Independent National Electoral Commission (INEC) to July 24, 2023.

Earlier on July 10, 2023, the court issued an interim order restraining INEC from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Ari, pending a response from the respondents on why the application should not be granted.

However, the case could not proceed for the hearing of the motion as the defendants were not properly served. The court has now scheduled the matter for July 24 to hear the originating summons served on the defendants in an open court setting.

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The lawsuit, marked as FHC/ABJ/CS/935/2023, was brought against INEC, the Inspector-General (I-G) of Police, and the Attorney-General of the Federation (AGF) as the 1st to 3rd respondents respectively by Senator Binani, the All Progressives Congress (APC) governorship candidate in the March 18 Adamawa governorship election.

In the suit, the applicant seeks the interpretation of Section 144 of the Electoral Act, 2022, and a preservative order to maintain the status quo in the matter until the case is resolved.

Senator Binani’s counsel, Chief Michael Aondoakaa, SAN, a former attorney general of the federation and minister of justice, presented an ex-parte motion, highlighting that the matter was currently before a tribunal and was time-bound. Aondoakaa also raised concerns about the harassment faced by his client’s star witness, Hudu Yunusa Ari, who was being prevented from giving evidence before the tribunal. This harassment posed a threat to Binani’s case at the governorship election petition tribunal, where they challenged INEC’s declaration of the Peoples Democratic Party (PDP) candidate, Adamawa Governor Ahmadu Fintiri, as the winner on April 16, 2023.

Aondoakaa argued that, according to relevant laws, since Binani had already been declared by INEC, the declaration could only be legally and authentically reversed by a court of competent jurisdiction or a tribunal. Currently, all parties have engaged in the Tribunal to determine the legality of the initial declaration of the Plaintiff and its subsequent cancellation by INEC.