Wednesday 26 April 2023

Adamawa: APC guber candidate Binani withdraws suit against INEC

Aisha ‘Binani’ Dahiru-Ahmed has withdrawn a suit she filed against the Independent National Electoral Commission.

On Wednesday, the All Progressives Congress standard-bearer in the Adamawa governorship election, Aisha ‘Binani’ Dahiru-Ahmed, withdrew a suit she filed against the Independent National Electoral Commission (INEC).

The APC flag bearer had prayed the court for a judicial review of the decision by INEC to reverse her being declared the poll’s winner by resident electoral commissioner Hudu Yunusa-Ari.

Upon resumed hearing in the matter, Ms Dahiru-Ahmed’s counsel, Mohammed Sheriff, told Justice Inyang Ekwo of the Abuja Division of the Federal High Court that a notice of discontinuance was filed and urged the court to strike out the case.

Mr Ekwo reminded Mr Sheriff that an order was given on the last adjourned date directing him to address the court on whether the court had the jurisdiction to entertain the case or not.

The lawyer, who informed the court that many issues had come up between the last date of adjournment and today, begged for an order to strike out the suit.

The judge, however, held that since Mr Sheriff had failed to go by the court’s order, the appropriate thing to do was dismiss the matter.

“I hereby make an order dismissing this suit,” Mr Ekwo declared.

On April 18, the judge refused to hear an ex parte motion filed by Ms Binani.

Mr Ekwo, instead, ordered the APC candidate’s counsel to address the court on the issue of jurisdiction before hearing the substantive motion.

The judge held that the application would be taken together with the issue of jurisdiction on the next adjourned date and adjourned until April 26 for a hearing.

But the electoral umpire had, on April 19, declared the Peoples Democratic Party (PDP) candidate, Governor Ahmadu Fintiri, the winner.

Ms Binani and APC, in the motion ex-parte marked FHC/ABJ/CS/510/2023, had sued INEC, PDP and its candidate, Mr Fintiri, as the first, second and third respondents, respectively.

Ms Binani, through her lawyer, Hussaini Zakariyau, had sought a judicial review of the administrative decision of INEC on April 16 regarding her declaration as the winner of the March 18 election and the April 15 supplementary poll.

Giving grounds why the motion should be granted, Ms Binani stated that after the collation of results, INEC declared her as the winner of the elections, but the PDP and Mr Fintiri, resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.

She said the crisis led INEC to cancel the initial declaration, which it had no power to do as only the election petition tribunal is vested with such powers.


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