Court Okays Ex-Adamawa REC’s Arrest, Trial over Illegal Declaration of Election Results

Alex Enumah in Abuja

The Federal High Court in Abuja has dismissed the suit filed by the suspended Resident Electoral Commissioner (REC) in Adamawa State, Mr. Hudu Yunusa-Ari, seeking protection against arrest, detention, or prosecution by the police and others.

The presiding judge of the court, James Omotosho, in a judgment, dismissed the suit for lacking in merit.

Justice Omotosho held that Yunusa-Ari, in his fundamental rights enforcement suit, made an elaborate show by trying to shield himself from being arrested, detained, or prosecuted by security agencies, but that there was no ground where such immunity could have been granted by the court.

The Independent National Electoral Commission (INEC) had last July filed charges against Yunusa-Ari, over his illegal declaration of fraudulent results at the last Adamawa State governorship election on April 16, 2023.

He caused a stir when he illegally declared the All Progressives Congress (APC) candidate, Aisha Dahiru, popularly known as Binani, the election winner a day after the supplementary polls.

When he made the declaration, votes were still being counted, and the Peoples Democratic Party (PDP) candidate and governor of the state, Ahmadu Fintiri was in a clear lead.

Binani’s legal efforts to have the courts affirm her as the winner of the election based on the fake results declared by Yunusa had failed, with the Supreme Court dismissing her case in January.

Delivering judgment on Yunusa-Ari’s suit, Justice  Omotosho agreed with the respondents that the suspended REC derailed his claims by arguing that the respondents subjected him to a media trial.

He observed that Yunusa-Ari also claimed that his fundamental right was breached by the respondents for posting negative information against him on social media while insisting that he was not given a fair hearing.

But Justice Omotosho held that the issue of fair hearing had nothing to do with publications of newsworthy matters by the media practitioners in order not to fail in their responsibility of dissemination of information to the society.

He said: “News reported by the media is not a court of law and that the media, as the fourth estate of the realm, must be free to report at all times.”

Besides, he said the applicant had not shown that he was dragged to any court or tribunal but only claimed that the respondents engaged in a media trial against him.

The suspended REC had, in a suit marked: FHC/ABJ/CS/563/2023, sued the Inspector General of Police (IG) and the Nigeria Police Force as 1st and 2nd respondents.

Also joined in the suit filed by his lawyer, Jibrin Okutepa, a Senior Advocate of Nigeria (SAN), included the Attorney-General of Federation and Minister of Justice, Director of the State Security Service (SSS) and the Independent National Electoral Commission (INEC) as 3rd to 5th respondents, respectively.

Yunusa-Ari, who sought eight reliefs, prayed an order of perpetual injunction, restraining the respondents from arresting, detaining, or causing his arrest or detention, harassment, or intimidation for carrying out his lawful duties as the INEC REC in Adamawa during the supplementary governorship election held in the state on  April 15, 2023.
He also sought an order directing the respondents to publish an apology in two national dailies “for the unlawful and unconstitutional media trials and negative press interviews, press statements/release, social media posts, publications, etc against” him for carrying out his lawful duties as INEC REC.

Giving six grounds, he said he was the REC during the 23 February 2023 and March 18, 2023, general elections, including the supplementary poll on 15 April 2023.

But delivering the judgment, Omotosho held that the only issue to determine in the case was whether the fundamental rights of Yunusa-Ari were breached by any of the respondents.

The judge said though the fundamental rights are sacrosanct to every human being, the rights are not absolute.

He held that the suspended REC filed the suit quoting Section 35 of Chapter 4 of the 1999 Constitution to prevent himself from being prosecuted for the role he played in the 2023 Adamawa governorship election.

“This court will not shield any person against investigation or prosecution if a prima facie case is established against such person,” the judge said.

Omotosho described the suit as “highly unmeritorious.”

“This suit is hereby dismissed for lack of merit,” he said.