Aisha Dahiru-Ahmed, additionally called Binani, a candidate for the All Progressives Congress (APC) withinside the Adamawa governorship race, filed a lawsuit, which Justice Inyang Ekwo of a Federal High Court in Abuja dismissed.
The Independent National Electoral Commission (INEC) became the goal of the lawsuit.
Recall that the APC candidate had requested the courtroom docket to release a judicial overview of INEC`s choice to opposite its choice to retract Hudu Yunusa-Ari`s preceding statement of her because the election’s winner.
When the case became being heard once more on Wednesday, Mohammed Sheriff, suggest for Binani, knowledgeable Justice Ekwo that a word of discontinuance were filed to that impact and entreated the courtroom docket to brush aside the case, in step with NAN.
The lawyer allow the purchaser realize The plaintiff pleaded for the case to be dismissed, informing the courtroom docket that many troubles had arisen among the remaining date of adjournment and the present.
However, Judge Ekwo reminded the sheriff that he need to observe to the courtroom docket to look if the courtroom docket has the jurisdiction to pay attention the case beneathneath the order issued at the remaining postponement date.
The judge decided that dismissing the case was the right course of action because Sheriff had disobeyed the court’s order.
“I hereby make an order dismissing this suit,” Justice Ekwo said.
On April 18, the judge turned down Binani’s request for an ex-parte hearing.
Instead, Ekwo instructed the APC candidate’s attorney to address the court about prior to hearing the substantive motion, the jurisdictional question.
Although the judge was prepared to hear Sheriff, he insisted that the attorney first address the court on the subject of jurisdiction.
He ruled that the application and the jurisdictional question would be heard jointly on the next postponed date and postponed the hearing to April 26.
The Peoples Democratic Party (PDP) candidate and governor Ahmadu Fintiri was proclaimed the victor of the state’s governorship election by the electoral umpire on April 19.
Binani and APC sued INEC, PDP, and its candidate, Gov. Fintiri, as the first, second, and third respondents, respectively, in the motion ex-parte marked: FHC/ABJ/CS/510/2023.
Hussaini Zakariyau, Binani’s attorney, had requested a court review of of the administrative ruling made by INEC on April 16 regarding her declaration as the victor of the March 18 governorship election and the April 15 run-off election.
In addition, she asked for an order of prohibition and certiorari to stop INEC and its representatives from proceeding with the declaration of the election’s winner while her request for judicial review was being considered.
The PDP and its candidate, Governor Fintiri, resorted to fighting and causing a public disturbance, which resulted in the beating and manhandling of an INEC staff member, according to Binani, who provided grounds for why the motion should be granted. After the results were tallied, INEC declared her the election’s winner, but the PDP resorted to fighting and manhandling.
She stated that this situation, which INEC had no authority to do as only the election petition tribunal is endowed with such powers, caused INEC to revoke the initial declaration.