Hudu Yunusa Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) for Adamawa State, has called upon the Nigerian Bar Association (NBA) to refrain from pursuing alleged actions to refer him to the Legal Practitioners Disciplinary Committee (LPDC) for disciplinary measures.
In a petition addressed to the legal body, Ari argued that the subject matter of his actions is currently under consideration in the Adamawa State High Court under Charge No. HC/ADSY/15/2023, filed on July 5, 2023.
He contended that any move to discipline him would constitute double jeopardy since the matter is already sub judice before a court of proper jurisdiction.
Mr. President, your alleged intention to refer me to the Legal Practitioners Disciplinary Committee may lead to double jeopardy and a violation of my right to a fair hearing, contrary to Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as amended,” stated Ari.He expressed hope that the reported plans to involve the LPDC would remain an allegation, noting that the Nigeria Bar Association has consistently advocated against comments or actions on matters awaiting court rulings in the interest of justice.“Given the aforementioned circumstances, including pending cases and criminal charges related to the same subject matter, I respectfully request that you suspend any actions regarding the topic of my responsibilities as the Resident Electoral Commissioner during the Adamawa Gubernatorial Elections and refrain from referring the matter to the Legal Practitioners Disciplinary Committee. To do otherwise would violate sections 144, 145, and 149 of the Electoral Act, Section 36 of the Constitution, and greatly undermine ongoing proceedings in various courts,” Ari emphasized.
The petition, titled “Re: Fallout Concerning My Role As Resident Electoral Commissioner Concerning The 2023 Adamawa State Governorship Election, Request For Stay Of Action Thereto,” was dated August 21, 2023, and directed to the NBA President.
Ari indicated that he was compelled to send the letter due to media reports and speculations that he would face disciplinary action from the Legal Practitioners Disciplinary Committee based on his role in the supplementary Gubernatorial Elections of Adamawa State on April 15, 2023.
As a member of the NBA and a law-abiding Nigerian citizen, Ari informed the NBA President that the circumstances leading to his actions as the INEC’s REC are also subjects of legal cases in the FHC/ABJ/CS/935/2023, charge no. HC/ADSY/15/2023, and Election Petition No. EPT/AD/GV/01/2023, all pending before higher courts in Nigeria.
Ari explained that these cases are seeking interpretations of sections 144 and 145 of the Electoral Act, 2022, in relation to the validity of his declaration of Aishatu Ahmed Dahiru as the winner of the Adamawa Gubernatorial Election.
He concluded by reminding the NBA President that legal practitioners are advised against making comments on ongoing court cases to avoid prejudicing the proceedings
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