A federal high court in Abuja has restrained the Independent National Electoral Commission (INEC) from prosecuting Hudu Yunusa-Ari, suspended resident electoral commissioner (REC) in Adamawa state.
Yunusa-Ari had stirred controversy by declaring Aisha Binani Dahiru of the All Progressives Congress (APC) as the winner of the Adamawa governorship election, when the collation of the results was yet to be completed.
INEC declared the announcement null and void and summoned the REC to its headquarters in Abuja.
Subsequently, the electoral umpire wrote to the police to prosecute Yunusa-Ari over the electoral infraction.
On April 20, former President Muhammadu Buhari approved the suspension of the Adamawa REC pending the completion of investigation by the police.
On Thursday, INEC revealed that the commission has filed a six-count charge against Yunusa-Ari before a high court in Yola, and that July 12 has been fixed for the commencement of trial.
However, in an ex-parte motion marked FHC/ABJ/CS/935/2023, Binani through her counsel, Michael Aondoaka, moved the ex-parte motion to stop Yunusa-Ari’s prosecution.
MAINTAINING STATUS QUO
Aondoaka, while moving the motion on Monday, argued that until the election petition tribunal decides the fate of his client in accordance with Section 149 of the Electoral Act, 2022, the prosecution of Yunusa-Ari cannot be said to be valid.
He said the decision of INEC to file an action against any person in connection with Binani’s April 15 declaration as winner of the supplementary poll in Adamawa state, would affect the case at the tribunal.
He said an undertaking had been signed to prove to the court that the present suit was not frivolous, adding that he is ready to pay any cost if the court finds the suit to be frivolous.
After listening to Aondoaka, Donatus Okorowo, presiding judge, ordered the parties to maintain status quo ante bellum, pending the hearing and determination of the matter.
INEC and the attorney-general of the federation (AGF), who are respondents in the suit, have been ordered to show cause why the reliefs sought by Binani should not be granted.
The suit has been adjourned to July 18 for hearing.
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