A Federal High Court in Abuja, on Monday, stopped the Independent National Electoral Commission (INEC) from prosecuting the suspended Adamawa State Resident Electoral Commissioner (REC), Barrister Hudu Yunusa-Ari, over his declaration of Senator Aisha Dahiru (popularly called Binani) of the All Progressives Congress (APC) as governor in the 18th March poll.
Justice Donatus Okorowo made the order after counsel to Dahiru, Mr. Michael Aondoaka, a Senior Advocate of Nigeria, moved the ex-parte motion to the effect.
In the ex-parte motion, the APC candidate in the poll sued INEC, the Attorney-General of the Federation (AGF) and another as respondents.
While moving the motion on Monday, Aondoaka, himself a former AGF, argued that until the election petition tribunal decides the fate of his client in accordance with Section 149 of the Electoral Act, 2022, the prosecution of Yunusa-Ari cannot be said to be valid.
He said the decision of INEC to file an action against any person involved in Dahiru’s 15th April declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client, would deprive her of Section 285(6) of the law, which gives 180 days within which the petition filed on 6th May should be dispensed with.
The senior lawyer informed the court that, although a similar suit was earlier filed before Justice Inyang Ekwo where a judicial review of INEC’s action was sought, the sister court ordered Dahiru to approach a tribunal with her suit, having been an election-related matter.
He said an undertaking had been signed to prove to the court that the present suit was not frivolous.
After listening to Andoaka, Justice Okorowo ordered the parties to maintain status quo ante bellum pending the hearing and determination of the matter.
The judge, who adjourned the matter until 18th July for a hearing, ordered the respondents to show cause while the reliefs sought by Dahiru should not be granted.
