The Federal High Court in Abuja has dismissed Aisha “Binani” Dahiru-Ahmed’s suit, which she filed due to the results of the previously concluded Adamawa State. governorship elections.
Binani, in her suit, had asked for a judicial review of the Independent National Electoral Commission’s (INEC) decision to withdraw the state’s resident electoral commissioner (REC), Hudu Yunusa-Ari’s previous declaration of her as the winner of the election.
Her attorney, Mohammed Sheriff, told the court of the plaintiff’s notice of discontinuance during Wednesday’s sessions and asked the court to dismiss the case. After the petition for discontinuance, Justice Inyang Ekwo reminded the Sheriff that he was required to address the court about whether or not the court had jurisdiction to hear the matter pursuant to an order issued on the last postponed date.
The attorney pleaded for an order to dismiss the case after informing the court that several difficulties had arisen between the last date of postponement and today. However, the judge decided that dismissing the case was the proper course of action because Sheriff had disobeyed the court’s order as he declared, “I hereby make an order dismissing this suit.”
Binani, who filed the ex-parte labelled FHC/ABJ/CS/510/2023, sued INEC the People’s Democratic Party, and its candidate, Fintiri, defended her claim saying the PDP and its candidate, Governor Fintiri, resorted to fighting and producing a public disturbance. She also claimed that after the votes were tallied, INEC pronounced her the election’s victor. However, this action resulted in the beating and manhandling of an INEC staff member. She said that because of this issue, INEC had to revoke the first declaration, which was outside of its authority because only the electoral petition tribunal is endowed with such authority. Binani claimed that by having her declaration revoked, INEC had usurped the authority of the election petition tribunal, the only court with the authority to order a declaration about the conduct of an election.
Ozioma Samuel-Ugwuezi
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