Adamawa Guber: APC’s Binani seeks judicial review of her declaration as winner

The governorship candidate of the All Progressives Congress (APC) in Adamawa State, Aisha Binani on Monday filed a suit before the Federal High Court in Abuja seeking to stop further action on the ongoing governorship election in the state.

Recall that controversy trailed Binani’s declaration as the winner of the governorship election by the state’s Resident Electoral Commissioner, Hudu Yususa Ari, on Sunday.

However, INEC waded in immediately, saying the declaration was null and void.

Yususa, the REC, was thereafter suspended on Monday.

But, Senator Binani, unsatisfied with INEC’s move, has approached the Court in a file FHC/ABJ/CS/510/2023, seeking an order of prohibition and certiorari preventing the Commission and its officers from taking any further steps toward the declaration of the winner of the elections pending the determination of her application for judicial review.

A copy of the application was brought under Order 34 rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019, Section 251 (1)q & r of the 1999 Constitution and Section 149 & 152 of the Electoral Act 2022.

The application noted that INEC’s cancellation of the initial declaration means it is usurping the powers of the election petition, being the only court vested with powers to do so from the conduct of an election.

Binani, applied for leave of the court to allow her to seek “an order of prohibition and certiorari removing to this court for the purpose of being set aside the administrative decision of the 1st Respondent made on 16th April 2023 in respect of the declaration of the winner from the gubernatorial election of Adamawa State held on the 18th of March, 2023 and the supplementary election held on 15th April 2023.”

As well as an order of the court, “preventing the 1st Respondent, its agent, assign or any person acting on its behalf from taking any further steps towards the declaration of the winner from the gubernatorial election of Adamawa State held on the 18th of March and the supplementary election held on 15th April 2023, pending the determination of the application for judicial review”.

Whereas the APC was listed as the 2nd Applicant in the suit that was filed by a team of lawyers led by Hussain Zajariyau, SAN, the Independent National Electoral Commission, INEC, Peoples Democratic Party, PDP, and its candidate/incumbent governor of the state, Ahmadu Fintiri, were cited as 1st to 3rd Respondents.

However, the Peoples Democratic Party, PDP, on Monday staged a protest calling on INEC to continue collating results.

Newsflash Nigeria is an online newspaper that is developed and written exclusively for Nigerians. It’s packed with up-to-the-minute Local and National Economy News, Share & Capital Market, Health, Sports, Education, Technology, Business and Opinions.

To make further advert enquiries or place an order, please contact us at [email protected] and +2348053316946 and WhatsApp number 08033546732