Again, Binan Drags INEC To Court Over Nullification Of Declaration

Aisha Dahiru, also known as “Binani,” the All Progressives Congress (APC) candidate for governor of Adamawa, has once more filed a lawsuit against the Independent National Electoral Commission (INEC) over the annulment of her declaration as governor of Adamawa in the March 18 governorship election.

In a motion filed before Justice Donatus Okorowo of a Federal High Court in Abuja with the file number FHC/ABJ/CS/935/2023, her attorney Michael Aondoaka, SAN, named INEC, the Peoples Democratic Party (PDP), and its candidate Gov. Ahmadu Fintiri as the first, second, and third respondents, respectively.

In her lawsuit, Binani demanded a court review of INEC’s decision to withdraw its earlier recognition of her as the election’s victor by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.

She contended that the decision regarding her fate should be determined by the election petition tribunal in accordance with Section 149 of the Electoral Act, 2022.

She argued that the decision of INEC would deprive Binani of the provisions outlined in Section 285(6), which allows for the disposal of her petition filed before the tribunal on May 6 within 180 days.

Binani’s legal representative informed the court that a similar case had been previously filed before Justice Inyang Ekwo, who directed Binani to approach the tribunal as it pertained to an election-related matter.

As a result, they sought a review of INEC’s actions. Binani’s counsel also emphasized that an undertaking had been signed to demonstrate that the present case was not frivolous, and they were prepared to bear any costs if the court deemed the case to be frivolous.

After hearing Andoaka’s arguments, Justice Okorowo adjourned the matter for ruling.

It is worth noting that Binani withdrew the suit before Justice Ekwo on April 26, following Fintiri’s declaration as the winner of the governorship election.

During the resumed hearing, Binani’s counsel, Mohammed Sheriff, informed Justice Ekwo that a notice of discontinuance had been filed, requesting the court to strike out the case.

Justice Ekwo reminded Mr. Sheriff that an order had been issued during the previously adjourned date, directing him to address the court on whether it had jurisdiction to hear the case.

Mr. Sheriff, acknowledging that various issues had arisen since the last adjournment, requested an order to strike out the suit. However, the judge held that since Mr. Sheriff had failed to comply with the court’s order, the appropriate action was to dismiss the matter.

Consequently, the judge dismissed the suit.