The Adamawa State candidate of the All Progressive Congress (APC), Senator Aisha Dahiru (well known as Binani) has filed a motion exparte before the Federal High Court in Abuja seeking the leave of the court for a judicial review of Sunday’s administrative decision of the Independent National Electoral Commission (INEC) in respect of her declaration as winner of the governorship election held on 18th March and the supplementary one of last Saturday.
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.
Channels Television obtained a copy of the application which 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 and 152 of the Electoral Act 2022.
In 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 were sued as the second and third respondents, resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
The crisis, she said, led INEC to cancel the initial declaration, which, she said, it had no power to do as only the election petition tribunal is vested with such powers.
By cancelling her declaration, Binani contended 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, Binani, through her lawyers led by Hussaini Zakariyau, a Senior Advocate of Nigeria, said 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.
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.
On Sunday morning while the remaining results of the supplementary election were still being counted, INEC’s Resident Electoral Commission in the state, Barrister Hudu Yunusa Ari announced Binani as the winner of the election. He did not provide any justification of the announcement.
INEC immediately declared Ari’s action as illegal, null, void and of no effect, and suspended further action on the election result.
Ari has been placed on suspension with the Administrative Secretary in the state directed to stand in for him.
