Senator Aishatu Dahiru, the governorship candidate of the All Progressives Congress (APC) in the March 11 Adamawa State election, has appealed to the Federal High Court in Abuja to defer the prosecution of the Resident Electoral Commissioner (REC), Hudu Ari, until the election petition tribunal in the state delivers its judgment.
Addressing Justice Donatus Okorowo through her legal representative, Chiesonu Okpoko (SAN), Dahiru, also known as Binani, advocated for this during the adoption of her case’s proceedings.
In the suit, Dahiru named the Independent National Electoral Commission (INEC), the Inspector-General of Police (IGP), and the Attorney-General of the Federation (AGF) as the first to third respondents. Her suit seeks the interpretation of Section 144 of the Electoral Act, 2022, and a preservative order to maintain the status quo among the parties until the suit is heard and resolved.
In a previous motion filed by Binani’s counsel, Michael Aondoakaa (SAN), and granted on July 10, it was noted that a petition had been submitted to the Adamawa Election Petition Tribunal, which was to be resolved within 180 days as per the law.
The court, however, did not extend the interim order during the last adjourned date, rescheduling it for the hearing of the originating summons served on the defendants.During the resumed hearing, Okpoko, standing in for Aondoakaa, argued that their client’s star witness, Hudu Ari, was facing harassment and obstacles preventing him from testifying before the tribunal. He contended that this situation could jeopardize Binani’s case at the tribunal.
Okpoko requested the court to restrain the respondents from prosecuting Ari until Binani’s petition is resolved by the tribunal. He maintained that while they were not opposing Ari’s prosecution, the timing could potentially introduce bias into the tribunal’s decision-making process.
The lawyer emphasized that the court should uphold their argument that INEC and others should wait for the tribunal’s judgment within the legally stipulated 180 days.
Adeniyi, representing INEC and standing in for Rotimi Jacobs (SAN), disagreed with Okpoko’s stance. Adeniyi argued that the charges against the suspended REC were bailable and that his testimony could be given before the tribunal.
He challenged the jurisdiction of the court to hear the matter, asserting that the suit should have been filed in the state where the events transpired. Adeniyi also questioned whether Ari was listed as a witness in Binani’s petition and whether he had been invited, arrested, or charged
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