- Binani’s suit was dismissed.
A Federal High Court in Abuja has dismissed the suit filed by the candidate of the All Progressives Congress (APC) in the last governorship election in Adamawa State, Senator Aisha Dahiru Ahmed (Binani).
Binani had sued to seek judicial review of the decision by the Independent National Electoral Commission (INEC) to reverse her earlier announcement as the winner of the election by the Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
At the mention of the case on Wednesday, her lawyer informed the court about the notice of discontinuance filed by the plaintiff and prayed the court strike out the suit.
But, in a ruling, Justice Inyang Ekwo dismissed the suit.
Binani had on April 17, filed a motion exparte before the Federal High Court in Abuja seeking to stop the INEC from nullifying her declaration as winner of the governorship election held on March 18 and the supplementary poll of April 15.
She also sought 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.
A copy of the application which was brought under 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 Section 149 & 152 of the Electoral Act 2022.
In the grounds under which the application was brought, the Senator stated that after the collation of results, INEC (which she sued as the first respondent), declared her as the winner of the Adamawa governorship election but the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri who was sued as the 2nd & 3rd respondents resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
The crisis, she said, led INEC to cancel the initial declaration which it had no power to do as only the election petitions tribunal was vested with such powers.
canceling her declaration, 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.
The All Progressives Congress (APC) candidate in the Adamawa State governorship election, Senator Aisha Dahiru Ahmed (Binani), has had her case dismissed by the Federal High Court in Abuja. Binani had sought a judicial review of the Independent National Electoral Commission’s (INEC) decision to reverse her earlier announcement as the winner of the election by the Adamawa State Resident Electoral Commissioner.
At the mention of the case on Wednesday, Binani’s lawyer informed the court of the notice of discontinuance filed by the plaintiff and prayed the court strike out the suit. In a ruling, Justice Inyang Ekwo dismissed the suit.
On April 17, Binani filed a motion ex-parte before the Federal High Court in Abuja seeking to stop the INEC from nullifying her declaration as the winner of the governorship election held on March 18 and the supplementary poll of April 15. She also sought 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.
The application was brought under 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 Section 149 & 152 of the Electoral Act 2022.
On the grounds under which the application was brought, the Senator stated that after the collation of results, INEC (which she sued as the first respondent) declared her as the winner of the Adamawa governorship election. Still, the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri, who was sued as the 2nd & 3rd respondents, resorted to fighting and causing a public disturbance, which led to the beating and manhandling of an INEC staff.
Binani contended that INEC had no power to cancel her declaration as only the election petitions tribunal was vested with such powers. She further claimed that INEC had 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.
However, the Federal High Court dismissed the suit, and the case has now been closed.
The decision of the Federal High Court in Abuja brings to a close a long-running legal battle over the governorship election in Adamawa State. Binani had hoped to have her declaration as the winner of the election reinstated, but the court’s dismissal of her suit means that this will not happen.
The case had been closely watched by political observers in Nigeria, who saw it as a test of the country’s democratic institutions. The decision of the court to dismiss Binani’s suit has been welcomed by many as a sign that Nigeria’s judiciary is willing to stand up to powerful political interests and uphold the rule of law.
Speaking after the ruling, Binani’s lawyer expressed disappointment with the decision but said that his client would respect the court’s decision. He also thanked the court for its professionalism and impartiality.
The ruling has also been welcomed by the Independent National Electoral Commission (INEC), which had been accused by Binani of acting beyond its powers in canceling her declaration as the winner of the election. In a statement, the commission said that it was pleased with the court’s decision and would continue to discharge its responsibilities by the law.
The outcome of the case is likely to have wider implications for Nigeria’s political landscape, particularly regarding the upcoming general elections in 2023. With tensions running high between different political parties and factions, there are concerns that the election could be marred by violence and irregularities.
However, the court’s decision to dismiss Binani’s suit sends a clear message that any attempts to subvert the democratic process will not be tolerated. It is hoped that this will encourage all political actors to respect the rule of law and engage in peaceful and constructive dialogue to resolve any disputes that arise during the electoral process.
Overall, the dismissal of Binani’s suit is a victory for Nigeria’s democratic institutions and a clear demonstration of the judiciary’s commitment to upholding the rule of law. It is a reminder that in a functioning democracy, no one is above the law, and everyone must be held accountable for their actions.
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