The All Progressives Congress (APC)’s candidate in the Adamawa governorship election, Sen. Aisha Dahiru-Ahmed, popularly called “Binani,” on Wednesday withdrew the suit filed against the Independent National Electoral Commission (INEC).The News Agency of Nigeria (NAN) reports that the APC candidate had prayed the court for a judicial review of the decision by INEC to reverse her earlier announcement as winner of the poll by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
Binani’s counsel, Mohammed Sheriff, upon resumed hearing in the matter, told Justice Inyang Ekwo of a Federal High Court, Abuja that a notice of discontinuance had been filed to that effect and urged the court to strike out the case. Justice Ekwo reminded Sheriff that an order was given in the last adjourned date directing him to address the court on whether the court had the jurisdiction to entertain the case or not.
The lawyer, who informed the court that a lot of issues had came up between the last date of adjournment and today, begged for an order .
The judge, however, held that since Sheriff had failed to go by the order of the court, the appropriate thing to do was to dismiss the matter. “I hereby make an order dismissing this suit,” Justice Ekwo declared.
She is also seeking an order of prohibition and certiorari preventing INEC and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review. The application was brought pursuant to Order 34 Rules 1a, Order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules), 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Section 149 & 152 of the Electoral Act, 2022.
Giving grounds why the motion should be granted, Binani stated that after the collation of results, INEC declared her as the winner of the elections but the PDP and its candidate, Governor Fintiri, resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
Mrs. Aisha in her application, averred that a judicial review exists to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.