Less than 24 hours after the order of a Federal High Court in Abuja, stopping the arraignment of suspended Resident Electoral Commissioner, Hundu Yunusa-Ari, the Adamawa State High Court sitting in Yola, has suspended his arraignment by the Independent National Electoral Commission (INEC).
Trial Judge, Justice Benjamin Manji, drew the attention of the prosecution counsel, Rotimi Jacobs to the order of Justice Donatus Okorowo, of the Federal High Court sitting in Abuja, who ordered parties to maintain status quo ante bellum pending the hearing and determination of the matter before him.
Justice Manji, also advised Rotimi Jacobs, to go back to his clients ( INEC) and inform them that it will be an affront to the orders of Hon.Justice Okorowo, for the matter to proceed.
The judge further added that, for now, there is nothing the Adamawa State High Court sitting in Yola, can do pending the determination of the matter before the Federal High Court in Abuja.
Justice Okorowo had on Monday, stopped INEC from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Yunusa-Ari, over his declaration of Aisha ‘Binani’ Dahiru, the All Progressives Congress (APC), candidate, as governor in the March 18, 2023 poll.
Justice Okorowo gave the order after a former attorney general of the federation and minister of justice, Michael Aondoakaa, counsel to Senator Dahiru, moved the ex-parte motion to that effect.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll sued INEC, the Attorney-General of the Federation (AGF) and another as respondents.
Aondoakaa argued that until the election petition tribunal decides his client’s fate per section 149 of the Electoral Act, 2022, the prosecution of Yunusa-Ari cannot be valid.
He said the decision of INEC to file an action against any person involved in Senator Dahiru’s April 15, 2023 declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client would deprive her of section 285(6) of the law which gives 180 days within which the petition filed on May 6 should be dispensed with.
