Non-service of court process forced Justice Donatus Okorowo of a Federal High Court in Abuja to adjourn the suit filed by Senator Aishatu Dahiru against the Independent National Electoral Commission (INEC) to July 24, 2023.
The court had on July 10, 2023 gave an interim order stopping INEC from prosecuting the suspended Adamawa Resident Electoral Commissioner (REC), Hudu Ari, pending the respondents to show cause why the application should not be granted.
The case could not go on for the hearing of motion as the defendants were not served.
The court fixed the matter for 24 July for hearing of the originating summons served on the defendants in the open court.
Binani had, in a suit marked: FHC/ABJ/CS/935/2023, sued INEC, Inspector-General (I-G) of Police and the Attorney-General of the Federation (AGF) as 1st to 3rd respectively.
Senator Binani was the governorship candidate of the All Progressives Congress (APC) in the March 18 Adamawa governorship election.
In the suit, the applicant is seeking the interpretation of Section 144 of the Electoral Act, 2022 and a preservative order seeking the maintenance of status quo in the matter pending the determination of the suit.
Binani’s counsel, former attorney general of the federation and minister of justice Chief Michael Aondoakaa, SAN, in the ex-parte motion earlier filed, drew the attention of the court to the fact that the matter was before a tribunal and it was time-bound.
He, however, said that the star witness to his client, Hudu Yunusa Ari, was being harassed and prevented from giving evidence before the tribunal which if continued, would jeopardise the case of his client at the tribunal.
He then urged the court to halt the harassment of the star witness in the petition before a governorship election petition tribunal challenging INEC’s declaration of the candidate of the Peoples Democratic Party (PDP) and Adamawa Governor, Ahmadu Fintiri, as winner on Sunday, April 16, 2023.
Aondoakaa told the court that according to the relevant laws, since Binani had been declared by the INEC, the declaration could only be legally and authentically reversed, by a court of competent jurisdiction or a tribunal and the all parties have joined issues at the Tribunal on the legality of the declaration of the Plaintiff initially, and its subsequent cancelation by INEC.
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