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Akinwande Soji-Ojo
As controversy continues to trail the declaration of Sen Aishatu Dahiru Ahmed, aka Binani, as the governor of Adamawa State, by the embattled Resident Electoral Commissioner (REC), Barr Hudu Yunusa Ari, the All Progressives Congress (APC) candidate, has filed a suit against the Independent National Electoral Commision (INEC) at a Federal High Court in Abuja, on Monday.
In the suit filed by her lawyers, led by Hussaini Zakariyau (SAN), Binani is seeking an order to prevent INEC and its agents from taking any further steps towards the declaration of the winner of the election pending the determination of her case.
She is seeking the leave of the court for a judicial review of the administrative decision of INEC in respect of her declaration as winner of the governorship elections held on March 18 and the supplementary elections of April 15.
Binani is also seeking an order of prohibition and certiorari preventing INEC and its agents from taking any further step towards the declaration of the winner of the elections pending the determination of her application for judicial review.
The application was filed pursuant to Order 34 rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as section 149 & 152 of the Electoral Act 2022.
On the grounds under which the application is brought, the governorship candidate stated that after the collation of results, INEC declared her as the winner of the elections but the PDP and its candidate, Governor Ahmadu Fintiri, who was sued as the 2nd & 3rd respondents resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC official.
This crisis, she noted, led INEC to cancel the initial declaration which she said the commission had no power to do as only the election petition tribunal is vested with such powers.
By cancelling her declaration, Binani contends that INEC usurped the powers of the election petition tribunal, which is the only court vested with powers on declaration on the conduct of an election.
The APC candidate argued that “a judicial review exists to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.”
The applicant further submitted that INEC, being an agency of the government can have its actions, records and decisions checked by the court and only a court can nullify the actions of an INEC official and not the commission itself.