All Progressives Congress (APC) candidate in the last governorship election in Adamawa State, Senator Aishatu Dahiru, yesterday asked a Federal High Court sitting in Abuja to allow the election petitions tribunal sitting in the state to deliver its judgment before the suspended Resident Electoral Commissioner (REC), Hudu Ari, is prosecuted.
Dahiru, also known as Binani, is seeking the interpretation of Section 144 of the Electoral Act, 2022 and a preservative order for the maintenance of status quo by parties pending the hearing and determination of the suit.
Joined in the suit as 1st to 3rd respondents are the Independent National Electoral Commission (INEC), Inspector-General (I-G) of Police and the Attorney-General of the Federation (AGF).
The suit marked: FHC/ABJ/CS/935/2023, filed before the court headed by Justice Donatus Okorowo was filed by her counsel, Chiesonu Okpoko (SAN), while adopting the processes filed in respect of her suit.
Binani’s main counsel, Michael Aondoaka, SAN, in the ex-parte motion earlier filed and granted by the court on July 10, drew the attention of the judge to the fact that a petition was before an Adamawa Election Petition Tribunal and would be dispensed with within 180 days in accordance with the law.
But in the last adjourned date, the court, which did not extend the interim order, fixed today for hearing of the originating summons served on the defendants.
Upon resumed hearing, Okpoko who held the brief of Aondoaka argued that the star witness to their client, Hudu Ari, was being harassed and prevented from giving evidence before the tribunal which if continued, would jeopardise the case of their client at the tribunal.
The lawyer prayed the court to restrain the respondents from prosecuting Hari pending the determination of Binani’s petition at the tribunal.
He based his argument on the grounds that prosecuting the suspended REC now, while Binani was still challenging INEC’s declaration of Ahmadu Fintiri of PDP as Adamawa governor after she had earlier been declared winner of the governorship poll, might create a likelihood of bias in the decision of the tribunal.
Okpoko further submitted that the applicant was not saying that Ari should not be prosecuted but that INEC and others should wait until the tribunal gave its judgment within the180 days prescribed by law.
He said the decision of INEC to file the action against any person involved in Binani’s April 15 declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of their 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.
He said waiting for the tribunal’s decision would not prejudice parties in the suit.
He then urged the court to halt the prosecution of Ari and uphold their argument.
But counsel to INEC, Adebisi Adeniyi, who held a brief for Rotimi Jacobs, SAN, disagreed with Okpoko’s submission.
Adeniyi argued that the charge being preferred against the suspended REC was a bailable one that would allow him to give his testimony before the tribunal.
The lawyer said that Binani had not placed anything before the court to show that Ari was listed as witness to her petition.
Besides, he argued that the applicant had not also shown to court whether the suspended REC had either been invited, arrested or charged.
The lawyer, who said that the judges that would determine the election petition case were not robots, said they were judges that were properly trained, who were experienced and would be guided by law.
According to him, there is no way the prosecution of the suspended REC will affect the plaintiff’s petition.
He submitted that if Ari felt strongly about this argument, he was the rightful person to canvas such an argument before a high court in the state and not Binani.
Adeniyi, who challenged the jurisdiction of the court to hear the matter, said the suit ought to have been filed in the state.
But disagreeing with Adeniyi, Okpoko argued that all the respondents in Binani’s suit were Federal Government’s agencies, hence, the issue of court jurisdiction had no place.
Justice Okorowo adjourned the matter to October 13, 2023, for judgment.
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