Adamawa’s All Progressive Congress (APC) candidate in the Adamawa gubernatorial election, Aisha Dahiru-Ahmed, popularly known as “Binani,” on Wednesday withdrew the lawsuit she filed against the Independent National Electoral Commission (INEC).
Recall that the APC candidate had asked the court to institute a judicial review of INEC’s decision to reverse her earlier announcement as a poll winner by the state’s Resident Election Commissioner (REC), Hudu Yunusa-Ari.
Binani’s lawyer, Mohammed Sheriff, resuming the hearing on the matter, told Judge Inyang Ekwo of an Abuja Federal High Court that a notice of stay had been filed to that effect and urged the court to quash the case, reports NAN.
Judge Ekwo reminded the bailiff 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 the present, pleaded for the claim to be dismissed.
However, the judge held that since the bailiff had not obeyed the court’s order, it was appropriate to dismiss the matter.
“I hereby make an order to dismiss this lawsuit,” Judge Ekwo declared.
The judge, on April 18, refused to hear an ex-parte motion filed by Binani.
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 said that while he was ready to hear from the bailiff, the attorney must address the court on the issue of jurisdiction before proceeding.
It held that the application would be taken up along with the question of jurisdiction at the next adjourned date and was adjourned to April 26 for a hearing.
The electoral referee had declared, on 19 April, the candidate of the Peoples’ Democratic Party (PDP) and Governor Ahmadu Fintiri the winner of the gubernatorial elections held in the state.
Binani and APC, in the ex-parte motion marked: FHC/ABJ/CS/510/2023, had sued INEC, PDP and their candidate, Governor Fintiri, as 1st, 2nd and 3rd respondent, respectively.
Binani, through her lawyer, Hussaini Zakariyau, SAN, had requested a judicial review of the April 16 INEC administrative decision regarding her declaration as the winner of the March 18 gubernatorial elections and the complementary poll of the April 15.
He also requested an injunction and writ of certiorari preventing INEC and its agents from taking further steps toward declaring the winner of the election while his application for judicial review was being determined.
In explaining why the motion should be granted, Binani affirmed that after the comparison of results, the INEC declared her the winner of the elections but the PPD and its candidate, Governor Fintiri, resorted to the fight and public uproar that led to the beating . and mistreatment of an INEC staff.
This crisis, he said, led INEC to cancel the initial declaration for which it had no powers, since only the electoral court is vested with such powers.