The drama in the Adamawa State governorship election has taken another turn as the candidate of the All Progressives Congress (APC), Senator Aisha Binani Dahiru, has dragged the Independent National Electoral Commission (INEC) before a Federal High Court in Abuja, seeking a judicial review of INEC’s decision to void her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15, 2023.
Senator Dahiru is contending that INEC has no power to cancel the declaration of a candidate as winner of an election, adding that the power resides in the election tribunal, not INEC.
In an exparte application, Senator Dahiru is also seeking a court order to stop INEC and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
In her grounds of argument, the Senator stated that after the collation of results, INEC (the first respondent) declared her the winner of the elections but that the Peoples Democratic Party (PDP) and its candidate, Governor Ahmadu Fintiri (2nd & 3rd respondents) resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC officer.
This crisis, she said, led INEC to cancel the initial declaration which it had no power to do, as only the election petition tribunal is vested with such powers.
Senator Binani contends that by cancelling her declaration, INEC had usurped the powers of the election petition tribunal which is the only court vested with powers to reverse a declaration in the conduct of an election.
In documents put before the court, Senator Dahiru, through her lawyers led by, Hussaini Zakariyau, SAN, said a judicial review exists to enable the superior court to check the actions and decisions of inferior courts as well as the legislative and administrative arms of government, including agencies and public officers.
She further submitted that INEC, being an agency of the government, can have its actions, records, and decisions checked by the court, even as she asserted that only a court can nullify the actions of an INEC official, not INEC itself.
End This Electoral Imbroglio Now, PDP Govs Tell INEC
Governors of the Peoples Democratic Party (PDP) have asked the INEC chairman, Prof Mahmoud Yakub, to mandate the returning officer, Mele Lamido, to immediately conclude the collation and declare the result of the Adamawa State governorship election.
The governors, who also called for the removal of partisan and corrupt INEC officials, said going forward, there should be a deliberate process of revisiting the appointments of National and Resident Electoral Commissioners to weed out corrupt and partisan officials.
They held that it is the partisan method of appointing these officials that led to the national disgrace in Adamawa State.
They also insisted on swift prosecution of the former Resident Electoral Commissioner in Adamawa State, Barrister Hudu Yunusa, and all those involved in the saga to serve as an example to others.
The governors, in a statement by the director-general, PDP Governors’ Forum, Hon. C.I.D. Maduabum, said, “The PDP Governors’ Forum, under the leadership of Rt Hon Aminu Waziri Tambuwal, CFR, strongly condemns the show of shame in Adamawa State on April 18 supplementary governorship election.
“The attempted electoral heist and brigandage perpetrated by the Adamawa State Resident Electoral Commissioner, Barrister Hudu Yunusa, is perhaps the lowest point of the 2023 general elections.”
While commending INEC’s immediate steps to “recover its battered image by nullifying the attempted coup and suspending the REC,” the PDP governors urged that the appropriate returning officer, Mele Lamido, should immediately conclude the collation and declare the result.
The governors added that one of the most important lessons of this election season is that the integrity of INEC personnel is crucial to free, fair, and credible elections as well as deployment of technology.
They also called for swift and appropriate sanctions, including prosecution of all those involved, especially the former REC, Barrister Hudu Yunusa, to serve as a deterrent to others.
“We enjoin all Nigerians to be on alert as we brace up to emerging threats to our democracy and the struggle for good governance in Nigeria,” the governors said.
Commission Suspends REC, Hudu Yunusa, For Inglorious Act, To Decide On Poll Today
INEC has asked its resident electoral commissioner in Adamawa State, Barr. Hudu Yunusa, to steer clear of the Commission’s office in Adamawa State immediately until further notice.
The Commission disclosed this in a letter with reference number INEC/SEC/442/V.II entitled: ‘Commission’s Directive to Stay Away from INEC, Adamawa State.’
The letter, dated 17th April, 2023, was signed by the secretary to the Commission, Rose Oriaran-Anthony.
Consequently, the administrative secretary has been directed to take full charge of INEC, Adamawa State, with immediate effect.
LEADERSHIP reports that for a second time, the political intrigues and confusion trailing the governorship race in Adamawa State has defied the electoral process regarded as one of the most essential ingredients of democracy.
The governorship poll, which was declared inconclusive last month, has remained a challenge to democratic transition, as the INEC yesterday suspended the collation of results from the supplementary governorship election held in the state on Saturday.
Specifically, the electoral body declared the result of the poll null and void on grounds that the pronouncement of the candidate of the All Progressives Congress (APC), Aisha Dahiru (Binani), as winner of the election by the Adamawa REC, Ari Hudu, when the process had not been concluded, was an usurpation of powers of the returning officer.
Meanwhile, tension over the delay of INEC) to announce its decision on Adamawa governorship election has worsened as the Commission has blamed it on Nigeria’s aviation workers’ strike across the country.
LEADERSHIP reports that passengers were stranded at the Nnamdi Azikiwe International Airport, Abuja, as Nigeria’s aviation workers embarked on a two-day warning strike across the country.
This is even as the Federal Airports Authority of Nigeria (FAAN) advised travellers and stakeholders to make contingency plans to avoid missing their flights and appointments.
Speaking during a chat with LEADERSHIP yesterday in Abuja, the national commissioner and chairman, Information and Voter Education Committee, Barr. Festus Okoye, said the Commission will definitely take a decision but that its commissioners were not in Abuja.
He said the commission simultaneously conducted elections in Kebbi, Adamawa, Zamfara, Sokoto, Imo, Oyo, and Rivers states, adding that most of its national commissioners are still stranded across the country.
According to him, “Definitely we will take a decision on Adamawa governorship election. The fact is three of our national commissioners monitored the election in Kebbi State and the result was announced at 4pm yesterday. Two national commissioners supervised the supplementary election in Sokoto, two in Adamawa, one in Zamfara, one in Imo, one in Oyo, and one in Rivers State.
“The issue now is you are aware that they were expected to be in Abuja today. The strike has stalled their arrival at the Commission’s Headquarters. So our national commissioners have to meet in Abuja to take a decision on the Adamawa governorship election and we cannot do this on the highway. However, I just arrived Abuja a few minutes ago.
“So, if a good number of national commissioners arrives in Abuja today (yesterday) we will take a decision tomorrow (today),” he said.
PDP Supporters Protest In Yola
Supporters of the Peoples Democratic Party (PDP) in Adamawa State yesterday took to the streets of Yola, the state capital, in protest to demand that the results of last Saturday’s governorship supplementary election be announced.
The protesters made up of men, women and youths, first stopped at the office of the Independent National Electoral Commission (INEC) in Yola where they urged the commission to respect the mandate of the people.
They decried what they described as a lack of transparency in the election in Adamawa State which according to them should have been concluded with the first poll held on March 18.
The protesters said the supplementary election held was a charade which should be condemned by all, adding that from results collated so far, it is obvious that Governor Umaru Fintiri won the election.
INEC had on Sunday suspended collation of the supplementary poll after the Resident Electoral Commission (REC) in the state strangely declared the All Progressives Congress (APC) governorship candidate, Aishatu Ahmed, the winner while collation of results was ongoing.
Lawyers Speak On Adamawa Poll
Legal practitioners last night condemned the announcement of results of the governorship election in Adamawa State.
According to them, the governorship election result announced does not conform to the electoral act and therefore is null and void.
A Senior Advocate, Abdul Balogun, called for the arrest and prosecution of the official of INEC who made the announcement.
He said the result, as announced, cannot stand because it violates the provisions of the electoral act.
“The announcement of the governorship result in the Adamawa State election violates the provisions of the electoral act and therefore cannot stand. I call on the IGP to immediately arrest the INEC official who attempted to truncate the electoral process”, he said.
On his part, Barrister Emerald O. Adgba called for caution and calm among residents of the state. According to him, the situation needs to be handled carefully.
“Law and order should be maintained while the right thing is done. It is reckless on the part of the INEC official to have allowed himself to be used as an agent of destabilisation. INEC headquarters has done the right thing by not allowing the issue to degenerate into something else before it is addressed,” he said.
For Barrister Julius Ohiza, INEC needs to redeem its battered image as many Nigerians had lost confidence in INEC and in the process.
“For the commission to redeem its image, it must sanction its official and ensure that the right thing is done, so that Nigerians can have confidence in the process,” he said.
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