A Federal High Court in Abuja has halted further prosecution of the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
Daily Report Nigeria reports that the Independent National Electoral Commission, INEC sued Yunusa-Ari over his declaration of Aisha Dahiru, the All Progressives Congress (APC) candidate, as governor in the March 18 supplementary poll.
Justice Donatus Okorowo ordered after Mr. Michael Aondoaka, SAN, counsel to Dahiru, moved the ex-parte motion to effect on Monday.
Aondoaka while filing the motion on Monday, argued that until the Electoral Petition Court decides his client’s fate under Section 149 of the 2022 Electoral Act, Yunosa-Ari’s trial cannot be considered valid.
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He said that the decision of INEC to prosecute anyone related to Dahiru’s declaration on April 15 as the winner of the supplementary poll in the state because the court had not yet determined his client’s complaint, would deprive her of section 285(6) of the law which provides for 180 days during which Waiver of the appeal filed on May 6.
The senior lawyer, who advised the court, said that although a similar case was previously filed with Justice Inyang Ekwo, who requested a review of the INEC’s procedures, the sister court asked Bennani to settle his case before the court.
He said an undertaking had been signed to prove to the court that the current lawsuit was not absurd.
In the company, he said, they were ready to face any price if the court finds the case frivolous.
After listening to the lawyer, Okorowo ordered the parties to maintain the quo ante helium pending when a hearing will decide the matter.
The judge, who moved the case to July 18 for trial, ordered the defendants to give reasons while the relief sought by Dahiru, known as “Banani”, would not be accepted.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll sued the Independent Electoral Commission and the Commonwealth Attorney General (AGF) and charged another in his capacity.
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