Key highlight
- Justice Inyang Ekwo has refused to hear an exparte motion by Aisha Ahmed Binani, the APC candidate for Adamawa governorship election.
- The judge however ordered Binani’s lawyer to address the court on jurisdiction.
- He adjoined the matter to April 26 for hearing of the motion and an address on jurisdiction.
An Abuja division of the Federal High Court has refused to hear an ex-parte motion filed by Aisha Ahmed, popularly called Binani, the All Progressives Congress (APC) candidate in the Adamawa governorship election.
Justice Inyang Ekwo, on Tuesday refused to hear the motion and ordered her to address the court on issue of jurisdiction before hearing the substantive motion.
Binani had approached the court seeking a judicial review of the administrative decision of INEC on April 16 in respect of her declaration as the winner.
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 elections pending the determination of her application for judicial review.
What happened in court
When the matter was called up today, the judge asked Afeez Matomi, Governor Fintiri’s counsel, if he had been served the processes.
In his response, he told the judge that he found out about the suit on social media and that he has filed a motion to counter part of Binani’s prayers.
The judge who said it was important for counsels in the suit to go by what the law says, ordered Binani’s lawyer, Mohammed Sheriff to proceed on addressing the court
Sheriff told the court that he was ready to move the ex-parte motion he filed on April 17.
However, Justice Ekwo directed sheriff to address the court on issue of jurisdiction before he proceeded.
He said “I am ready too but you have to address me on jurisdiction,”
The judge then adjourned the matter to April 26 for hearing of the motion and an address on jurisdiction.
Backstory
The Resident Electoral Commissioner in Adamawa had on Sunday announced Binani as the governor-elect of Adamawa State.
He made the announcement in the absence of the returning officer who is legally empowered to announce result.
Following the declaration, INEC ordered the suspension of the coalition in the state and voided the pronouncement of Binani as winner of the election.
Subsequently, INEC directed the REC to stay away from its offices and directed the Administrative Secretary to take full charge of INEC, Adamawa State, with immediate effect.
Aggrieved by INEC’s decision, Binani approached the court in an ex-parts application seeking a judicial review of her declaration and an order preventing INEC and its agents from taking any further steps towards her declaration pending the determination of the judicial review application.
She said her application 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.
She argued that INEC does not have the legal right to void her declaration as winner as only a court can nullify the actions of an INEC official and not the INEC itself.
She contended that INEC’s decision 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.
