An Abuja Federal High Court has adjourned the suit of the 2023 All Progressives Congress, APC, governorship candidate, Senator Aishatu Dahiru, also known as Binani, till July 24, 2023, to take the substantive matter pending before the court.
The court had on July 10, 2023 given an interim order stopping the Independent National Electoral Commission (INEC) from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Ari, pending the respondents to show cause why the application should not be granted.
The court could not hear the motion because the defendants were not served.
Justice Donatus Okorowo adjourned the matter to 24 July for hearing of the originating summons served on the defendants in the open court.
Binani had, in a suit marked: FHC/ABJ/CS/935/2023, sued INEC, Inspector-General (IG) of Police and the Attorney-General of the Federation (AGF) as 1st to 3rd, respectively.
In the suit, the applicant is seeking the interpretation of Section 144 of the Electoral Act, 2022 and a preservative order seeking the maintenance of status quo in the matter pending the determination of the suit.
Binani’s counsel, former Attorney General of the Federation and Minister of Justice Chief Michael Aondoakaa, in the ex-parte motion earlier filed, drew the attention of the court to the fact that the matter was before a tribunal and it was time-bound.
He, however, said that the star witness to his client, Hudu Yunusa Ari, was being harassed and prevented from giving evidence before the tribunal which if continued, would jeopardise the case of his client at the tribunal.
He then urged the court to halt the harassment of the star witness in the petition before a governorship election petition tribunal challenging INEC’s declaration of the candidate of the Peoples Democratic Party (PDP) and Adamawa Governor, Ahmadu Fintiri, as the winner on Sunday, April 16, 2023.
Aondoakaa told the court that according to the relevant laws, since Binani had been declared by the INEC, the declaration could only be legally and authentically reversed, by a court of competent jurisdiction or a tribunal, adding that all parties have joined issues at the tribunal on the legality of the declaration of the Plaintiff initially, and its subsequent cancellation by INEC.
