Aisha Binani Dahiru, the gubernatorial candidate of the All Progressives Congress (APC) in Adamawa State, has approached the Federal High Court in Abuja, seeking a review of the Independent National Electoral Commission’s (INEC) decision to nullify her controversial declaration as the winner of the election.
According to court documents filed on April 17, in the ex-parte motion marked FHC/ABJ/CS/510/2023, Binani requested an order of prohibition and certiorari to be set aside the administrative decision of the electoral body made on April 16, 2023, regarding the declaration of the winner from the gubernatorial election of Adamawa state held on March 18, 2023, and the supplementary election held on April 15, 2023.
The Adamawa State gubernatorial supplementary election was conducted on April 15, following the declaration of the March 18 poll as inconclusive over alleged irregularities. The collation of election results was suspended until April 16 after the results from 10 local government areas (LGAs) were announced.
However, the resident electoral commissioner, Hudu Yunusa-Ari, declared Binani as the winner before the remaining results were announced, prompting the electoral umpire to nullify the declaration. INEC stated that the returning officer, not the resident electoral commissioner, had the responsibility of declaring the winner.
Binani claimed that the People’s Democratic Party (PDP) and its candidate, Ahmadu Fintiri, the incumbent governor of the state, incited violence after she was declared the winner.
She argued that INEC staff members were caught up in the violence and manhandled, leading the electoral commission to cancel the initial declaration.
Binani further argued that INEC lacks the power to cancel an election result, as such power is constitutionally vested in the election petition tribunal.
She added that a judicial review exists to enable the superior court to check the actions and decisions of inferior courts, as well as the legislative and administrative arms of government, including agencies and public officers.
Through her lawyers led by Hussaini Zakariyau, a senior advocate of Nigeria, Binani sought an order preventing INEC from taking any further steps towards the declaration of the winner from the gubernatorial election of Adamawa state held on March 18, 2023, and the supplementary election held on April 15, 2023, pending the determination of the application for judicial review.
The case is expected to be heard in due course.
Comments are closed.