The All Progressives Congress (APC) candidate in the Adamawa governorship election, Aisha Dahiru (Binani), has reopened suit against the Independent National Electoral Commission (INEC) over the nullification of her declaration as governor of Adamawa in the March 18 governorship election.
Binani, through her counsel, Michael Aondoaka, SAN, filed the fresh suit before Justice Donatus Okorowo of a Federal High Court, Abuja.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll, sued INEC, the Peoples Democratic Party (PDP), and its candidate, Gov. Ahmadu Fintiri as 1st, 2nd, and 3rd respondents, respectively.
READ ALSO: Binani discontinues suit against INEC
Binani, again, sought a judicial review of the decision by INEC to reverse her earlier announcement as the winner of the poll by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
Aondoaka while moving the motion on Monday, argued that it was the election petition tribunal that was vested with the power to decide the fate of his client in accordance with Section 149 of the Electoral Act, 2022.
He said the decision of INEC would deprive Binani of Section 285(6) which gives 180 days within which her petition filed before the tribunal on May 6 could be dispensed with.
Aondoaka informed the court that though a similar suit was earlier filed before Justice Inyang Ekwo, the sister court ordered Binani to approach a tribunal for her suit, having been an election-related matter.
He, therefore, sought a review of the INEC’s action.
He 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 Andoaka, Justice Okorowo stood down the matter for a ruling.
During the Adamawa supplementary election held on April 15, 2023, Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, illegally announced Binani as the winner of the election while results collation was ongoing.
Yunusa-Ari was suspended by INEC and the collation was put on hold, when the process resumed, incumbent Governor Ahmadu Fintiri defeated Ms. Binani to emerge the winner.
Dissatisfied with the commission’s decision, Binani had prayed to the court for a judicial review to reverse her earlier announcement as the winner of the poll Hudu Yunusa-Ari.
She however discontinued the suit filed against the INEC over the Adamawa governorship election in April 2023.
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