Court Halts Prosecution of Suspended Adamawa REC

Alex Enumah in Abuja 

Justice Donatus Okorowo of a Federal High Court, Abuja, on Monday halted the prosecution of the Independent National Electoral Commission (INEC’s) Resident Electoral Commissioner, Mr Yunusa Hudu, over alleged electoral offences.

The judge, in a ruling in an exparte application, specifically ordered the Attorney General of the Federation (AGF) and INEC not to go ahead with their planned prosecution of Hudu, who had been on suspension for declaring the candidate of the All Progressives Congress (APC), Senator Aishatu Dahiru Binani, winner of the April 15 governorship rerun election in Adamawa State.

The application, which was brought by Binani, was filed and argued by her team of lawyers, led by a former Minister of Justice and Attorney General of the Federation (AGF), Chief Mike Aondoaka (SAN) and Mohammed Diri (SAN).

After listening to the applicant’s lawyers, the court held that since the matter is already before an election tribunal and that parties have submitted to the law, status quo should be maintained pending the conclusion of the suit.

The applicant in the suit marked, FCT/ABJ/CS/735/2023, is also seeking the court’s interpretation of Section 144 of the Electoral Act 2022, as well as a preservative order for maintenance of status quo in the matter pending the determination of the suit. 

Aondokaa, in his argument, pointed out that Hudu who is the star witness of his client, at the tribunal hearing petitions against the outcome of the Adamawa State governorship election, is being harassed and prevented from giving evidence before the tribunal, adding that if such continued, it  would affect the case of his client. 

According to the lawyer, Binani is currently challenging INEC’s declaration of the candidate of the Peoples Democratic Party (PDP), Ahmadu Fintiri, as winner of the Adamawa governorship election following the outcome of the April 15 rerun poll.

Aondokaa submitted that by relevant provisions of the law, since the applicant has been declared by INEC, the declaration can only be legally and authentically reversed if need be by a court of competent jurisdiction or tribunal.

Before this fresh suit, Binani had filed a suit before a sister court presided over by Justice Inyang Ekwo, seeking an order restraining INEC from reversing her declaration as the winner of the poll. However, the suit was struck out over the issue of jurisdiction.

The Adamawa governorship supplementary election was conducted on April 15 following the declaration of the March 18 poll as inconclusive over alleged irregularities.

After the voting ended, the collation of results began at the state collation centre, but the exercise was suspended after results from 10 local government areas were announced.

However, Hudu, who was then the Resident Electoral Commissioner, declared Binani as the winner before the collation resumed on April 16.

Displeased with Hudu, the electoral umpire declared his action as illegal, null and void and subsequently suspended him, with the aim of prosecuting him for electoral malpractice.