Court Refuses to Extend Order Stopping Prosecution of Suspended Adamawa REC
Salihu Ali, Abuja.
A Federal High Court in Abuja has declined to extend its July 10 interim order stopping the Independent National Electoral Commission (INEC), Inspector General of Police (IGP) and Attorney General of the Federation (AGF) from prosecuting the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari, pending the hearing and determination of a motion filed by Senator Aishatu Dahiru.
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The INEC is seeking the prosecution of the suspended REC for declaring the governorship candidate of the All Progressives Congress (APC), Senator Aisha, as winner of the election on April 15, 2023.
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The court had ordered parties in the motion filed by Binani, which had INEC, IGP and the AGF as defendants to maintain status quo pending the determination of the substantive suit.
The Court also asked the defendants to appear before it on July 18 to show cause why they should not be permanently restrained from prosecuting the suspended Adamawa State REC.
When the matter came up on Tuesday, INEC’s counsel, Mr. Rotimi Jacobs, a Senior Advocate of Nigeria (SAN), told the court that the applicant had not served the defendants with the July 10 order of the court.
Jacobs, who also told the court that the defendants have not been served with the originating summons filed by Aisha, had in a counter affidavit to the motion challenged the competence and the jurisdiction of the court to entertain the matter.
He told the court that the life span of the interim order elapsed on July 18, but counsel to Binani, Michael Aondoaka (SAN), argued that the interim order has not elapsed as the defendants have not shown cause as directed by the court.
According to Aondoaka, counsel to the INEC cannot say he was not served with the processes of the court, as he had joined issues in the matter.
Justice Donatus Okorowo, however, adjourned until Monday, July 24, for hearing in the originating summons served on the defendants in court on Tuesday.
