A Federal High Court in Abuja dismissed an appeal brought by Senator Aisha Binani Dahiru, the All Progressives Congress gubernatorial candidate in Adamawa State, seeking to halt the prosecution of Hudu Yunusa-Ari, the dismissed Adamawa Resident Electoral Commissioner on Friday.
Hudu had fraudulently declared Binani the winner of the gubernatorial election.
The Independent National Electoral Commission (INEC), however, overturned the declaration and reinstated the incumbent governor, Umar Fintiri.
The court had already issued an interim injunction instructing INEC, the Attorney-General of the Federation, and the Inspector General of Police to halt their plans to prosecute Yunusa-Ari.
The interim ruling came after Binani filed an ex parte application asking the court to rule on whether INEC could prosecute or arraign Yunusa-Ari while a tribunal hearing on the outcome of the gubernatorial election was taking place.
INEC said in a statement that police investigations had established a prima facie case against Yunusa-Ari.
Following that, the commission filed a six-count prosecution against the dismissed REC before the Adamawa State High Court in Yola.
However, Binani sought the court to temporarily restrain parties so that INEC could show reason why Yunusa-Ari, her star witness in the Adamawa gubernatorial election tribunal, should be prosecuted while the case was still underway.
Justice Donatus U. Okorowo in a Friday verdict, however, removed the interim order, stating, “There is no order of this court extending the lifespan of this order on status quo.”
Okorowo ruled that it was not permissible under the law for a plaintiff to seek a stay of proceedings in a court of coordinate jurisdiction from the Federal High Court.
He further stated that he lacked the authority to bind a court of coordinate jurisdiction.
Okorowo added that “On the whole, the INEC objection succeeds; this case is struck out.”
cc: Daily Post Ng
