The candidate of the All Progressives Congress (APC) in the
Adamawa governorship election, Senator Aisha Binani Dahiru and the Party have
filed a motion exparte before the Federal High Court in Abuja seeking a
judicial review of the administrative decision of the Independent National
Electoral Commission (INEC) on April 16 in respect of her declaration as the
winner of the polls held on March 18 and the supplementary poll of April 15.
Recall that controversy trailed Binani’s declaration as the
winner of the governorship election by the state’s Resident Electoral
Commissioner, Hudu Yususa, on Sunday.
However, INEC waded in immediately, saying the declaration
was null and void.
Yususa, the REC, was thereafter suspended on Monday.
But, Senator Binani, unsatisfied with INEC’s move, has
approached the Court, seeking an order of prohibition and certiorari preventing
the Commission and its officers from taking any further steps towards the
declaration of the winner of the elections pending the determination of her
application for judicial review.
A copy of the application was brought under Order 34 rules
1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil
Procedure Rules) 2019, Section 251 (1)q & r of the 1999 Constitution and
Section 149 & 152 of the Electoral Act 2022.
The application noted that INEC’s cancellation of the
initial declaration means it is usurping the powers of the election petition,
being the only court vested with powers to do so from the conduct of an
election.
However, the Peoples Democratic Party, PDP, on Monday staged
a protest calling on INEC to continue collating results.
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