2023 Elections
ADAMAWA: Binani Seeks Legal Interpretation Over INEC’s Pronouncement
Senator Aisha Binani Dahiru, the All Progressive Congress’ (APC’s) nominee for governor of Adamawa, has filed an exparte motion with the Federal High Court in Abuja asking for a judicial review of the Independent National Electoral Commission’s (INEC’s) administrative decision from April 16 declaring her the victor of the March 18 and April 15 governorship elections.
In addition, Senator Binani is asking for an order of prohibition and certiorari to stop INEC and its representatives from proceeding with the declaration of the election’s winner while her request for judicial review is being considered.
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The application was filed 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 & 152 of the Electoral Act 2022.
The People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri were sued as the second and third respondents. According to the grounds on which the application is based, the PDP resorted to fighting and causing a public disturbance that resulted in the beating and manhandling of an INEC staff member after INEC (which she sued as the first respondent) declared her as the winner of the elections.
According to her, this issue forced INEC to withdraw the earlier declaration, which was beyond of its authority because only the electoral petition tribunal is endowed with such authority.
Senator Binani alleged that by having her declaration revoked, INEC usurped the authority of the election petition tribunal, the only court with the authority to order a declaration about the conduct of an election.
In documents submitted to the court, Senator Binani claimed that judicial review is necessary so that the superior court can checkmate the actions and rulings of lower courts as well as the legislative and executive branches of government, including agencies and public officials. Her attorneys are led by Senior Advocate of Nigeria Hussaini Zakariyau.
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.
