The governorship candidate of the All Progressive Congress (APC) in 2023 Adamawa State governorship election, Senator Aisha Ahmed Binani, has approached a Federal High Court sitting in Abuja, seeking a judicial review of the administrative decision of the Independent National Electoral Commission (INEC) in respect of her declaration as the winner of the governorship held on March 18 and April 15, 2023.
Senator Binani is also seeking an order of prohibition and certiorari preventing INEC and its agents from taking any further steps towards the declaration of the winner of the election pending the determination of her application for judicial review.
According to the court papers sighted by LEADERSHIP, the application which was brought pursuant to Order 34 Rules 1a, Order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Sections 149 & 152 of the Electoral Act 2022.
According to the grounds on which the application premised, Binani, who currently represents Adamawa Central in the Senate, stated that after the collation of the governorship election results, INEC (1st Respondent) declared her as the winner of the election but the People Democratic Party (PDP) and its candidate, Governor Ahmadu Ummaru Fintiri, who were sued as the 2nd & 3rd Respondents respectively resorted to fighting and disturbance of public peace, which led to the attack on an INEC National Commissioner.
This crisis, she averred, 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.
By cancelling her declaration as the winner, Senator Binani contended that INEC usurped the powers of the Election Petition Tribunal which is the only court vested with powers on a declaration from the conduct of an election.
In documents put before the court, Senator Binani through her lawyers led by Hussaini Zakariyau, SAN, said a judicial review exists to enable the superior court to checkmate the actions and decisions of lower courts as well as the legislative and administrative arm of government including agencies and public officers.
The applicant further submitted that the INEC being an agency of the government can have its actions, records, and decisions checked by the court and only a court can nullify the actions of an INEC official and not the INEC itself.
