A Federal High Court in Abuja has issued an order restraining the Independent National Electoral Commission (INEC) from prosecuting Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) in Adamawa State.
Yunusa-Ari had stirred controversy by declaring Aisha Binani Dahiru, a candidate from the All Progressives Congress (APC), as the winner of the Adamawa governorship election before the collation of results was completed.
Following the premature announcement, INEC nullified the declaration and summoned Yunusa-Ari to its headquarters in Abuja. In response, the electoral commission wrote to the police, urging them to prosecute Yunusa-Ari for the electoral infraction.
Former President Muhammadu Buhari subsequently approved the suspension of the Adamawa REC on April 20, pending the completion of a police investigation.
On Thursday, INEC disclosed that it had filed a six-count charge against Yunusa-Ari before a high court in Yola, with the trial scheduled to commence on July 12.
However, Aisha Binani, through her legal representative Michael Aondoaka, moved an ex-parte motion to halt Yunusa-Ari’s prosecution.
Aondoaka argued during the motion’s proceedings on Monday that the prosecution of Yunusa-Ari would not be valid until the election petition tribunal determines the fate of his client in accordance with Section 149 of the Electoral Act, 2022.
He further contended that INEC’s decision to initiate legal action against any person connected to Binani’s declaration as the winner of the supplementary poll in Adamawa State would impact the ongoing tribunal case.
To demonstrate the seriousness of the suit, Aondoaka provided an undertaking to the court and pledged to bear any associated costs if the court deemed the suit frivolous.
Presiding Judge Donatus Okorowo, after hearing the arguments, ordered all parties involved to maintain the status quo ante bellum until the matter is heard and determined.
Furthermore, the court has directed INEC and the Attorney-General of the Federation (AGF) to present reasons why the reliefs sought by Binani should not be granted. The case has been adjourned to July 18 for a hearing.
This legal development adds another layer of complexity to the electoral controversy in Adamawa State, highlighting the delicate nature of electoral processes and the importance of adhering to due process in conducting elections.
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