The Federal high court Abuja Abuja has stopped the Independent National Electoral Commission (INEC) from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his declaration of Aisha ‘Binani’ Dahiru, as governor of the Adamawa state election.
Justice Donatus Okorowo gave the order after counsel to the Senator , moved the ex-parte motion to the effect.
In the ex-parte motion the APC candidate in the poll sued INEC, the Attorney-General of the Federation (AGF) and other respondents.
while moving the motion the counsel argued that until the election petition tribunal decides his client’s fate per section 149 of the Electoral Act, 2022, the prosecution of Mr Yunusa-Ari cannot be valid.
He said the decision of INEC to file an action against any person involved in the senator April 15th declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client would deprive her of section 285(6) of the law which gives 180 days within which the petition filed on May 6th should be dispensed with.
Counsel to the senator informed the court that though a similar suit was filed before Justice Inyang Ekwo, where a judicial review of INEC’s action was sought, the sister court ordered the senator to approach a tribunal with her suit, having been an election-related matter.
After listening to counsel to the senator , Justice Okorowo ordered the parties to maintain the status quo ante bellum pending the hearing and determination of the matter.
The judge, who adjourned the matter until July 18 for a hearing, ordered the respondents to show cause while the reliefs sought by the senator should not be granted.
