Court Okays suspended Adamawa REC’s arrest, trial over governorship election mess

Justice James Omotosho of the Federal High Court, Abuja, on Friday, dismissed a suit filed by the suspended Resident Electoral Commissioner (REC) in Adamawa State, Hudu Yunusa-Ari, seeking protection against arrest, detention or prosecution by the police and others.

Yunusa-Ari had in the suit filed by his lawyer, Jibrin Okutepa (SAN), prayed an order of perpetual injunction, restraining the police and other security agents from arresting or detaining him for carrying out his lawful duties as the REC in Adamawa during the supplementary governorship election held in the state on April 15, 2023.

He also sought an order directing the respondents to publish an apology in two national dailies for the unlawful and unconstitutional media trials and negative press interviews, press statements, social media posts, and publications against him for carrying out his lawful duties in the state.

The Inspector-General of Police, the Nigeria Police Force, the Attorney-General of Federation, the Director of the Department of State Services (DSS), and the Independent National Electoral Commission (INEC) were listed as respondents in the suit.

Yunusa-Ari almost caused a crisis in Adamawa when he declared the All Progressives Congress (APC) candidate, Aisha “Binani” Dahiru as the winner of the state governorship election with only the results of a few out of the 21 local government areas in the state collated by the commission.

INEC immediately reversed the decision and asked the REC to stay away from election duty in the state.

He was suspended by the commission following the approval of former President Muhammadu Buhari in April last year.

INEC on July 6, 2023, filed a six-count criminal charge against Yunusa-Ari at the Adamawa State High Court, Yola, over his role in the election fiasco in the state.

At Friday’s proceeding, Justice Omotosho dismissed the suit for lack of merit.

READ ALSO: Court dismisses move to stop suspended Adamawa REC, Yunusa-Ari’s prosecution

He held that though Yunusa-Ari, in his fundamental rights enforcement suit, made an elaborate show by trying to shield himself from being arrested, detained, or prosecuted by security agencies, there was no ground where such immunity could have been granted by the court

The judge agreed with the respondents that the suspended REC derailed in his allegations when he claimed that the respondents subjected him to media trial.

He observed that Yunusa-Ari also claimed that his fundamental right was breached by the respondents for posting negative information against him on social media.

Justice Omotosho held that the issue of fair hearing had nothing to do with the publications of newsworthy matters by the media practitioners in order not to fail in their responsibility of disseminating information to society.

The judge, who described the suit as “highly unmeritorious,” dismissed it accordingly.

He said: “This court will not shield any person against investigation or prosecution if a prima facie case is established against such person.

“This suit is hereby dismissed for lack of merit.”

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