Adamawa poll: Court declines APC’s Binani ex-parte motion barring INEC on her declaration as governor-elect

Per Second NewsApril 18, 20231 Mins read1k

A Federal High Court sitting in Abuja on Tuesday declined an ex-parte motion filed by the governorship candidate of the All Progressives Congress (APC) in Adamawa State, Sen. Aisha Binani.

Persecondnews reports that Binani, in the ex-parte motion, is seeking to stop further action on the ongoing governorship election in the state.

Binani had on Monday approached the court through her lawyers asking for an order barring the Independent National Electoral Commission (INEC) from taking further action on her “declaration” as Governor-Elect by the suspended Resident Electoral Commissioner in the State, Hudu Yunus Ari, a lawyer.

Binani in the ex-parte application no. FHC/ABJ/CS/510/2023, applied for leave of the court to allow her to seek among others: “An order of prohibition and certiorari removing to this court for the purpose of being set aside the administrative decision of the 1st Respondent made on 16th April 2023, in respect of the declaration of the winner from the gubernatorial election of Adamawa State held on the 18th of March, 2023 and the supplementary election held on 15th April 2023.”

“An order of the court preventing the 1st Respondent, its agent, assign or any person acting on its behalf from taking any further steps towards the declaration of the winner from the gubernatorial election of Adamawa State held on the 18th of March and the supplementary election held on 15th April 2023, pending the determination of the application for judicial review”.

In his ruling, Justice Inyang Ekwo, declined to hear the ex-parte application and asked the APC candidate’s lawyers to address him on the court’s jurisdiction to entertain the motion.

Ekwo gave the lawyers three days to file the application and thereafter adjourned further hearing on the matter until April 26.

Persecondnews reports that APC was listed as the 2nd Applicant in the suit filed by a team of lawyers led by Mr Hussain Zajariyau (SAN) with the Independent National Electoral Commission (INEC), People’s Democratic Party (PDP) and its candidate/incumbent Governor of the state, Mr Ahmadu Fintiri, as 1st to 3rd Respondents.