A Federal High Court, Abuja, on Monday, stopped the Independent National Electoral Commission (INEC) from prosecuting the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari over his illegal declaration of Aishatu Binani Dahiru as governor in the March 18 poll.
Justice Donatus Okorowo, who gave the order following an ex-parte application brought by Michael Aondoaka (SAN), the counsel to Senator Binani held that since the matter is before a tribunal and the parties have submitted to the law, “parties should maintain status quo on the matter pending the conclusion of the suit”.
Aondoaka made the application on Monday, July 10, and stated that the prosecution of the suspended REC can only be regarded as legitimate once the election petition tribunal renders a decision regarding Dahiru’s fate in accordance with Section 149 of the Electoral Act, 2022.
He argued that since the tribunal had not yet decided on Dahiru’s petition, INEC’s decision to take legal action against anyone connected to her declaration as the winner of the Adamawa supplementary election on April 15 would deprive her of the 180-day deadline provided by Section 285(6) of the law for disposing of the petition she filed on May 6.
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