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Adamawa: Binani makes fresh statement regarding ongoing petition
Sen. Aishatu Dahiru Binani, an APC candidate for governor in the most recent election in Adamawa State, urged the Federal High Court in Abuja on Monday to permit the election petition tribunal sitting in the state to issue its ruling before the suspended Resident Electoral Commissioner, Hudu Ari, is brought to justice.
Through her attorney, Chiesonu Okpoko, SAN, Dahiru, also known as Binani, entered the plea before Justice Donatus Okorowo while adopting the procedures submitted in connection with her lawsuit.
Binani had, in a suit marked: FHC/ABJ/CS/935/2023, sued the Independent National Electoral Commission, Inspector-General of Police and the Attorney-General of the Federation as 1st to 3rd respondents, respectively.
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In the suit, the applicant sought the interpretation of Section 144 of the Electoral Act, 2022 and a preservative order seeking the maintenance of status quo by parties pending the hearing and determination of the suit.
Binani’s counsel, Michael Aondoaka, SAN, in the ex-parte motion earlier filed and granted by the court on July 10, drew the attention of the judge to the fact that a petition was before an Adamawa Election Petition Tribunal and would be dispensed with within 180 days in accordance with the law.
But on the last adjourned date, the court, which did not extend the interim order, fixed today for hearing the originating summons served on the defendants.
Upon resumed hearing, Okpoko, who held the brief of Aondoaka, argued that the star witness to their client, Ari, was being harassed and prevented from giving evidence before the tribunal, which if continued, would jeopardise the case of their client at the tribunal.
The lawyer prayed the court to restrain the respondents from prosecuting Hari pending the determination of Binani’s petition at the tribunal.
He based his argument on the grounds that prosecuting the suspended REC now, while Binani was still challenging INEC’s declaration of Ahmadu Fintiri of the Peoples Democratic Party as Adamawa governor after she had earlier been declared the winner of the governorship poll, might create a likelihood of bias in the decision of the tribunal.
Okpoko further submitted that the applicant was not saying that Ari should not be prosecuted but that INEC and others should wait until the tribunal gave its judgement within the 180 days prescribed by law.
Adeniyi, who challenged the jurisdiction of the court to hear the matter, said the suit ought to have been filed in the state.
But disagreeing with Adeniyi, Okpoko argued that all the respondents in Binani’s suit were Federal Government agencies, hence, the issue of court jurisdiction had no place.
Justice Okorowo adjourned the matter until Oct. 13 for judgement.
