On Wednesday, the champion of the All Progressive Congress in the Adamawa gubernatorial election, Aisha ‘Binani’ Dahiru-Ahmed, withdrew a lawsuit she filed against the Independent National Electoral Commission (INEC).
The APC standard-bearer had asked the court for a judicial review of INEC’s decision to revoke her declaration as the winner of the poll by Resident Election Commissioner Hudu Yunusa-Ari.
Resuming the hearing on the matter, Ms. Dahiru-Ahmed’s lawyer, Mohammed Sheriff, told Judge Inyang Ekwo of the Abuja Division of the Federal High Court that a notice of stay had been filed and urged the court to quash the case.
Mr. Ekwo reminded Mr. Sheriff that an order was issued on the last adjourned date directing him to address the court as to whether or not the court had jurisdiction to hear the case.
The lawyer, who informed the court that many problems had arisen between the last adjournment date and today, sought an order to dismiss the lawsuit.
However, the judge held that since Mr. Sheriff had not followed the court order, it was appropriate to dismiss the matter.
“I hereby make an order to dismiss this lawsuit,” Mr. Ekwo stated.
On April 18, the judge refused to hear an ex parte petition filed by Ms. Binani.
Mr. Ekwo instead ordered the APC candidate’s lawyer to address the court on the issue of jurisdiction before hearing the motion on the merits.
The judge held that the request would be taken up along with the question of jurisdiction at the next adjourned date and it was adjourned to April 26 for a hearing.
But the electoral referee, on April 19, declared the candidate of the People’s Democratic Party (PDP), Governor Ahmadu Fintiri, the winner.
Ms. Binani and APC, in the ex parte motion marked FHC/ABJ/CS/510/2023, had sued INEC, the PDP, and their candidate, Mr. Fintiri, as the first, second, and third defendants, respectively. .
Ms. Binani, through her lawyer, Hussaini Zakariyau, had requested a judicial review of the April 16 INEC administrative decision regarding her declaration as the winner of the March 18 elections and the November 15 by-elections. April.
Justifying why the motion should be granted, Ms. Binani stated that after the comparison of results, INEC declared her the winner of the elections, but the PDP and Mr. Fintiri resorted to fighting and causing public disturbances that led to beatings. and Mistreatment of INEC personnel.
She said the crisis led INEC to cancel the initial declaration, which it had no power to do as only the election petition court has such powers.