Aisha Dahiru, widely known as “Binani” and the All Progressives Congress (APC) candidate in the Adamawa governorship election, has once again taken legal action against the Independent National Electoral Commission (INEC).
This comes in response to the nullification of her declaration as the governor of Adamawa following the March 18 governorship election.
Binani, represented by her counsel, Michael Aondoaka, SAN, filed a fresh lawsuit before Justice Donatus Okorowo of the Federal High Court in Abuja.
The ex-parte motion, with the reference number FHC/ABJ/CS/935/2023, names INEC, the Peoples Democratic Party (PDP), and its candidate, Governor Ahmadu Fintiri, as the 1st, 2nd, and 3rd respondents, respectively.
In this latest lawsuit, Binani seeks a judicial review of INEC’s decision to overturn her earlier announcement as the winner of the poll made by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
During the hearing on Monday, Aondoaka argued that the election petition tribunal holds the authority to determine the outcome of his client’s case, in accordance with Section 149 of the Electoral Act, 2022. He emphasized that INEC’s decision would deprive Binani of the provisions of Section 285(6), which grants a 180-day timeframe for the resolution of her petition filed before the tribunal on May 6.
Aondoaka informed the court that a similar suit had been previously filed before Justice Inyang Ekwo, who directed Binani to pursue her case at the tribunal as it was an election-related matter.
Seeking a review of INEC’s action, Aondoaka submitted an undertaking to the court, assuring that the current suit was not frivolous and that they were willing to bear any costs if the court deemed the case to be without merit.
Following Aondoaka’s arguments, Justice Okorowo adjourned the matter for a ruling.
It is worth recalling that Binani had withdrawn her previous lawsuit before Justice Ekwo on April 26 after Governor Fintiri was declared the winner of the governorship poll. Binani’s counsel, Mohammed Sheriff, had filed a notice of discontinuance, requesting the court to strike out the case.
Upon the resumed hearing, Justice Ekwo reminded Sheriff that he had been instructed to address the court regarding its jurisdiction to entertain the case.
Sheriff cited various issues that had arisen since the last adjourned date and pleaded for the suit to be struck out. Nonetheless, the judge noted that Sheriff had disregarded the court’s order, leading to the dismissal of the case. Justice Ekwo subsequently dismissed the suit.
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