The Federal High Court in Abuja has refused to extend its temporary order that had prevented the Independent National Electoral Commission (INEC), the Inspector General of Police (IGP), and the Attorney General of the Federation (AGF) from prosecuting Hudu Yunusa Ari, the suspended Resident Electoral Commissioner (REC) of Adamawa State.
The court's decision came during a hearing for a motion filed by Senator Aishatu Dahiru, also known as Binani. INEC had sought to prosecute the suspended REC for declaring Senator Binani, the candidate of the All Progressives Congress (APC), as the winner of the Adamawa State governorship election on April 15, 2023, while vote counting was still ongoing.
Previously, the court had ordered all involved parties, including INEC, the IGP, and the AGF, to maintain the status quo until a final decision was made on the case. The court also scheduled a hearing on July 18, where the defendants were required to present reasons why they should not be permanently restrained from prosecuting the suspended Adamawa State REC.
During the latest proceedings, Rotimi Jacobs (SAN), representing INEC, informed the court that the applicant (Senator Binani) had not properly served the defendants with the court's order from July 10. Jacobs also questioned the court's competence and jurisdiction to handle the matter in a counter affidavit.
On the other hand, Michael Aondoaka (SAN), the counsel for Senator Binani, argued that the interim order had not expired since the defendants hadn't presented their reasons as directed by the court. Aondoaka highlighted that INEC's counsel had actively participated in the matter, so they couldn't claim to be unaware of the court's processes.
The trial judge, Justice Donatus Okorowo, adjourned the case until Monday, July 24, to hear the originating summons served on the defendants in court on Tuesday. Ultimately, the court refused to prolong the interim order that had halted the prosecution of the suspended Adamawa State REC.
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