Aisha “Binani” Dahiru, the All Progressives Congress (APC) candidate for governor of Adamawa in the March 18 gubernatorial election, has again sued the Independent National Electoral Commission (INEC) over the nullification of her declaration.
Michael Aondoaka represented Ms. Binani in the new action before Judge Donatus Okorowo of the Federal High Court Abuja Division.
The APC candidate sued INEC, the Peoples Democratic Party, and its candidate, Governor Ahmadu Fintiri, as first, second, and third respondents in the ex parte motion FHC/ABJ/CS/935/2023.
Ms. Binani again requested a judicial review of INEC’s reversal of the state’s resident electoral commissioner Hudu Yunusa-pronouncement Ari’s of her victory.
On Monday, Mr. Aondoaka moved that the election petition tribunal had the right to determine his client’s destiny under section 149 of the Election Act 2022.
He claimed INEC’s decision would deprive Ms Binani of section 285(6), which provides her 180 days to withdraw her tribunal case filed on May 6.
The senior counsel told the court that a similar petition was brought before Judge Inyang Ekwo, and the sister court ordered Ms Binani to visit a tribunal for her election-related claim.
He requested an INEC review. He stated an assurance had been made to show the court the litigation was not frivolous. He pledged to pay any costs if the action was frivolous.
Mr Okorowo adjourned after hearing Mr Andoaka.
As Mr Fintiri was declared the election winner, Ms Binani withdrew the complaint before Mr Ekwo on April 26. After resuming the hearing, her attorney, Mohammed Sheriff, informed Mr. Ekwo that a notice of discontinuance had been filed and begged the court to dismiss the case.
Mr Ekwo reminded Mr Sheriff that the previous adjourned date ordered him to address whether the court had jurisdiction to hear the issue.
The lawyer asked the court to wipe down the complaint, saying several difficulties had arisen since the previous postponement.
Nevertheless, the judge dismissed the case because Mr. Sheriff had disobeyed the court.
The court dismissed the complaint.
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