Binani sues INEC over nullification of declaration

The All Progressives Congress (APC) candidate in the Adamawa governorship election, Aisha Dahiru, popularly called “Binani,” has, again, sued the Independent National Electoral Commission (INEC) over the nullification of her declaration as governor of Adamawa in the March 18 governorship election.

Binani, represented by Michael Aondoaka, SAN, filed the new claim before Justice Donatus Okorowo of the Federal High Court in Abuja.

In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll sued INEC, the Peoples Democratic Party (PDP), and its candidate, Gov. Ahmadu Fintiri, as the first, second, and third respondents, respectively.

Binani has requested a judicial review of INEC’s decision to revoke her earlier declaration as the winner of the poll by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.

Aondoaka contended in his plea on Monday that the election petition tribunal had the authority to decide his client’s fate in accordance with Section 149 of the Electoral Act, 2022.

He claimed that INEC’s decision would deprive Binani of Section 285(6), which provides 180 days for her petition filed before the tribunal on May 6 to be dismissed.

The senior counsel informed the court that, despite the fact that a similar action had previously been brought before Justice Inyang Ekwo, the sister court directed Binani to contact a tribunal about her suit, which was an election-related matter.

As a result, he requested that the INEC’s action be reviewed. He stated that an undertaking had been signed in order to demonstrate to the court that the current complaint was not frivolous.

He stated in the undertaking that they were willing to bear any expense if the court ruled the case to be frivolous.

After hearing from Andoaka, Justice Okorowo decided not to rule on the case.