The Federal High Court in Abuja has issued an order preventing the Independent National Electoral Commission (INEC) from prosecuting Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) of Adamawa State, News About Nigeria reports.
Yunusa-Ari was being investigated for declaring Aisha ‘Binani’ Dahiru, the candidate of the All Progressives Congress (APC), as the winner of the governorship election held on March 18.
The order was given by Justice Donatus Okorowo in response to an ex-parte motion presented by Michael Aondoaka, SAN, the counsel representing Aisha Dahiru.
In the motion, Dahiru sued INEC, the Attorney-General of the Federation (AGF), and another party as respondents.
Aondoaka argued that the prosecution of Yunusa-Ari would be invalid until the election petition tribunal decides the fate of his client, as stipulated in section 149 of the Electoral Act, 2022.
He stated that initiating legal action against anyone involved in Dahiru’s declaration as the winner of the supplementary poll before the tribunal’s decision would deprive her of the rights granted by section 285(6) of the law.
This section allows for the resolution of the petition filed by Dahiru within 180 days from May 6.
The senior lawyer informed the court that a similar case had been filed before Justice Inyang Ekwo, who directed Dahiru to take her suit to the tribunal as it was an election-related matter.
To demonstrate the seriousness of their case, Aondoaka stated that they had signed an undertaking, accepting any costs imposed by the court if the case was deemed frivolous.
In response to the arguments put forth by Aondoaka, Justice Okorowo ordered all parties to maintain the status quo ante bellum (the situation before the dispute) until the matter is heard and determined.
The judge adjourned the case until July 18 and directed the respondents to provide reasons why the reliefs sought by Dahiru should not be granted.
