Aisha Binani sues INEC, PDP for countering her declaration as Adamawa Governor-elect
Following the suspension of results collation in Adamawa supplementary election, candidate of the All Progressive Congress (APC) Senator Aisha Binani Dahiru has filed a motion exparte before the Federal High Court in Abuja seeking a judicial review of the administrative decision of the Independent National Electoral Commission (INEC) on April 16th in respect of her declaration as the winner of the governorship elections.
READ ALSO: INEC suspends Adamawa REC, Hudu Yunusa Ari, for announcing false election results
Recalled that INEC suspended results collation after the Adamawa State Resident Electoral Commissioner (REC) Hudu Yunusa announced Aisha Dahiru winner of the election when counting was still ongoing.
In her application, Senator Binani is also seeking an order of prohibition and certiorari preventing INEC and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
News Point Nigeria obtained a copy of the application which was brought pursuant to Order 34 rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Section 149 & 152 of the Electoral Act 2022.
In the grounds under which the application is brought, the Senator stated that after the collation of results, INEC (which she sued as the first respondent), declared her as the winner of the elections but the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri who was sued as the 2nd & 3rd respondents resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
This crisis, she says, led INEC to cancel the initial declaration which it had no power to do as only the election petition tribunal is vested with such powers.
By cancelling her declaration, Senator Binani contends that INEC usurped the powers of the election petition tribunal which is the only court vested with powers on a declaration from the conduct of an election.
In documents put before the court, Senator Binani through her lawyers led by Senior Advocate of Nigeria, Hussaini Zakariyau, says a judicial review exists to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.
The applicant further submits that the INEC being an agency of the government can have its actions, records, and decisions checked by the court and only a court can nullify the actions of an INEC official and not the INEC itself.
Neptune Prime reports that the Resident Electoral Commissioner (REC) Hudu Yunusa Ari, who illegally declared Binani as the winner of the election was suspended by INEC in the early hours of Monday.
INEC issued a letter addressed to the Adamawa REC ordering him to stay away from the Commission offices with immediate effect until further notice.
Follow the Neptune Prime channel on WhatsApp: https://whatsapp.com/channel/0029Va74ZvU2v1IqKByXoX3d
Do you have breaking news, interview request, opinion, suggestion, or want your event covered? Email us at neptuneprime2233@gmail.com
