…Orders her to address issue of jurisdiction first
A Federal High Court sitting in Abuja, on Tuesday, declined to hear an ex-parte motion filed by the Governorship candidate of the All Progressives Congress (APC) in the Adamawa State, Senator Aisha Dahiru-Ahmed Binani.
This followed the decision of the trial judge, Justice Inyang Ekwo, to first determine the issue of jurisdiction before hearing the substantive motion on notice.
Counsel to Binani, Mr. Mohammed Sheriff had told the Court that his ex-parte motion was filed on April 17, 2023, saying that he was ready to move it.
However, the trial judge, Justice Ekwo said that even though he was ready to hear the legal counsel to Binani, he must first address the court on issue of jurisdiction before he can proceeded.
In the words of Justice Ekwo; “I am ready too but you have to address me on jurisdiction”.
The judge therefore directed Counsel to Binani to address the court on whether it has the jurisdiction to hear the matter.
Justice Ekwo therefore ruled that the application would be taken together with the issue of jurisdiction on the next adjourned date.
Earlier, shortly before the hearing of the matter, when Sheriff announced his appearance, counsel to Governor Ahmadu Fintiri, the 3rd respondent in the case, Mr. Afeez Matomi, also announced his appearance.
But, Justice Ekwo asked Matomi if he had been served and he responded saying; “though they were yet to be served, he filed a motion to counter part of Binani’s prayers after getting the hint about the ex-parte motion through social media”.
At that point, Justice Ekwo refused to listen to Matomi, stressing that it was imperative for counsel to go by what the law says.
Accordingly, Justice Ekwo asked Counsel to Binani to proceed and address the court.
After listening to Sheriff, Justice Ekwo adjourned the case to April 26, 2023 for hearing of the motion and an address on jurisdiction.
Senator Binani and the APC, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, sued the Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP) and its candidate, Governor Fintiri as 1st, 2nd and 3rd respondents respectively.
Binani, through her lawyer, Hussaini Zakariyau, SAN, had sought a judicial review of the administrative decision of INEC on April 16, 2023 with respect to her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15, 2023 thereby 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.
Binani’s application was predicated upon 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 amended) and Section 149 & 152 of the Electoral Act, 2022.
Binani in the motion, averred that after the collation of results, INEC declared her as the winner of the elections but the PDP and its candidate, Governor Fintiri, resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
The APC governorship candidate for Adamawa State, noted that the development led INEC to cancel the initial declaration which it had no power to do as only the election petition tribunal is vested with such powers.
She further averred that by cancelling her declaration, 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.
She further said that a judicial review exists to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.
Binani in her motion said that the INEC, being an agency of the government, can have its actions, records, and decisions checked by the court, stressing that only a court can nullify the actions of an INEC official and not the INEC itself.
