Court Stops INEC from Prosecuting Suspended Adamawa Resident Electoral Commissioner

A Federal High Court in Abuja has stopped the Independent National Electoral Commission (INEC) from prosecuting the suspended Adamawa State Resident Electoral Commissioner (REC), Mr. Hudu Yunusa-Ari for his declaration of Aisha Dahiru of the All Progressives Congress (APC) as governor in the March 18, 2023 Governorship Election in the State.

Justice Donatus Okorowo gave the order after counsel to Aisha, Mr. Michael Aondoaka, a Senior Advocate of Nigeria (SAN), moved the ex-parte motion to the effect.

In the ex-parte motion, the APC candidate in the poll sued INEC, the Attorney-General of the Federation (AGF) and another as respondents.

Mr Aondoaka, while moving the motion on Monday, argued that until the Election Petition Tribunal decides his client’s fate, the prosecution of Mr Yunusa-Ari can not be valid.

He said the decision of the INEC to file an action against any person involved in the declaration of Aisha Dahiru, on April 15, as winner of the supplementary poll was deprivation of her rights.

Aondoaka said the tribunal was yet to determine the petition of his client, and it will amount to depriving her of section 285(6) of the law which gives 180 days within which the petition filed on May 6 should be dispensed with.

The senior lawyer informed the court that though a similar suit was filed before Justice Inyang Ekwo, where a judicial review of INEC’s action was sought, the sister court ordered Mrs Dahiru to approach a tribunal with her suit, having been an election-related matter.

Mr Andoaka said an undertaking had been signed to prove to the court that the present suit was not frivolous.

He said, in the undertaking, they were ready to face any cost should the court find the case to be frivolous.

After listening to Mr Andoaka, Justice Okorowo ordered the parties to maintain status quo ante bellum pending the hearing and determination of the matter.

The judge adjourned the matter until July 18 for a hearing.