ADAMAWA: Court declines to hear Binani’s application over INEC’s decision

Justice Inyang Ekwo of a Federal High Court in Abuja has temporarily declined to hear the application of Senator Aisha Binani, seeking to restrain the Independent National Electoral Commission (INEC) from invalidating her declaration as winner of the governorship election in Adamawa State.

Binani had requested permission from the court on Monday to file an application for judicial review of the Independent National Electoral Commission’s (INEC) administrative decision from April 16 regarding her declaration as the victor of the governorship elections of Adamawa State held on March 18 and the April 15 supplementary elections.

In an exparte application submitted on April 17, 2023, the request for permission to file the judicial review application was included.

When the case was called, Justice Ekwo instructed Mr. Mohammed Sherif, the attorney for Binani, to first address the court on jurisdictional issues.

The court has ordered Binani to submit her argument regarding whether the court has jurisdiction to hear the application in writing within three days.

Although Governor Ahmadu Fintiri, a candidate for the Peoples Democratic Party (PDP), had declared his appearance, the court rejected to hear him on the grounds that he had not been served with court notice.

Binani alongside her party, the All Progressives Congress (APC) are in the application seeking for an order of Prohibition and Certiorari preventing the electoral umpire and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.

Read also:ADAMAWA: Group demands adherence to Electoral Act, advocates peace

Sued with the Commission are the PDP and its governorship candidate, Ahmadu Fintiri listed as 1st, 2nd and 3rd defendants respectively.

The application which was brought 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.

The senator made the claim that “the only court with power on a declaration made from the conduct of an election is only the Election petition Tribunal set up by the 1999 Constitution” in the grounds upon which the application was submitted.

She alleged that INEC “declared her as the winner of the gubernatorial election and was thereby returned as elected” following the completion of voting in the April 15 supplementary governorship election and the subsequent collation of the same results.

According to the applicants, any candidate who is not pleased with the declaration may seek redress from the tribunal, if applicable.

She faulted the cancellation of her declaration on April 16 based on some crisis caused by the PDP and its candidate Governor Ahmadu Fintiri, stressing that INEC “has no powers to cancel or declare the declaration as been made as null and void”.

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