Adamawa Gov Poll: Court makes crucial decision on Aisha Binani’s suit against INEC

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Adamawa Gov Poll: Court dismisses Aisha Binani’s suit against INEC

On Wednesday, the Federal High Court in Abuja dismissed the suit filed by Senator Aisha Ahmed Binani, the candidate for the All Progressives Congress, to be declared the winner of the governorship election held in Adamawa State.

The court, in a ruling delivered by Justice Inyang Ekwo, dismissed the lawsuit after the plaintiff filed a notice of discontinuance.

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However, despite the fact that the APC candidate’s attorney, Mr. Mohammed Sheriff, requested that the case be dismissed, Justice Ekwo refused, stating that dismissal was the appropriate order since the court had previously directed the plaintiff to address it on the issue of jurisdiction.

Senator Binani had filed an ex-parte motion to prevent the Independent National Electoral Commission, INEC, from announcing any other candidate as the winner of the governorship election in Adamawa State.

In the ex-parte application marked FHC/ABJ/CS/510/2023, the plaintiff requested permission to seek “an order of prohibition and certiorari removing to this court for the purpose of setting aside the administrative decision of the 1st Respondent made on 16th April 2023 in respect of the declaration of the winner of the gubernatorial election of Adamawa State held on the 18th of March, 2023 and the supplementary election held on the 15th of April 2023.”

As well as a court order “preventing the 1st Respondent, its agent, assign, or any person acting on its behalf from taking any further steps towards the declaration of the winner of the Adamawa State gubernatorial election held on March 18 and the supplementary election held on April 15, 2023, pending the determination of the application for judicial review.”

In contrast to the APC, which was listed as the 2nd Applicant in the lawsuit, the Independent National Electoral Commission, INEC, the Peoples Democratic Party, PDP, and its candidate/incumbent governor of the state, Ahmadu Fintiri, were listed as the 1st to 3rd Respondents.

In her lawsuit, the APC candidate asserted that she was declared the victor of the governorship election following the completion of the tabulation process.

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“Following the declaration of Senator Aisha Dahiru Ahmed as the winner of the gubernatorial election, any dissatisfied candidate may seek redress before the tribunal.

“The 2nd Respondent, PDP, and the 3rd Respondent, Ahmadu Fintiri, both of whom lost the election, fought and caused a public disturbance, resulting in the beating and manhandling of a member of the 1st Respondent’s staff.”

“Due to the crisis caused by the second and third respondents, the first respondent announced on 16 April 2023 that it had revoked its initial declaration.”

She argued that INEC lacked the authority to cancel or declare void a previously made declaration.

“Only the Election Petition Tribunal established by the 1999 Constitution of Nigeria (as amended) has the authority to make a declaration regarding the conduct of an election,” stated the Applicants.

Justice Ekwo denied the ex-parte application on April 18, while ordering the plaintiff to address him on whether or not the court had the necessary jurisdiction to hear the case.

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