An application by the All Progressives Congress governorship candidate in Adamawa State, Senator Aisha Binani, seeking to stop the prosecution of the suspended Adamawa Resident Electoral Commission, Hudu Yunusa-Ari, has been struck out by an Abuja Federal High Court.
The court had previously given an interim order, directing the Independent National Electoral Commission, the Attorney-General of the Federation, and the Inspector General of Police to maintain the “status quo” in its plan to prosecute Hudu, following a motion ex parte filed by Binani.
Section 144 and 149 of the Electoral Act 2022 reads, “The Commission shall consider any recommendation made to it by a tribunal with respect to the prosecution by it of any person for an offence disclosed in any election petition.
“Notwithstanding any other provisions of this Act, any defect or error arising from any actions taken by an official of the Commission about any notice, form or document made or given or other things done by the official in pursuance of the provisions of the Constitution or of this Act, or any rules made thereunder, remain valid, unless otherwise challenged and declared invalid by a competent court of law or tribunal.
She urged the court to restrain parties in the interim so that INEC can show cause on why Hudu, her star witness at the Adamawa Tribunal, should be prosecuted when the Tribunal sitting was ongoing.
INEC had through its lawyer, Rotimi Jacobs, SAN, prayed the court to dismiss the suit for being an academic exercise.
Delivering his judgement on Friday, Justice Okorowo upheld the submission of INEC’s lawyer.
