Adamawa Election: High Court adjourns Aisha Binani’s case till July 24

The substantive case sitting before an Abuja Federal High Court in the action of 2023 All Progressives Congress, APC, governorship candidate Senator Aishatu Dahiru, commonly known as Binani, has been adjourned until July 24, 2023.

On July 10, 2023, the court issued an interim order prohibiting INEC from proceeding with criminal charges against Hudu Ari, the suspended Adamawa Resident Electoral Commissioner (REC), awaiting the respondents’ opportunity to show cause why the application should not be granted.

Since the defendants had not been served, the court could not consider the motion.

The original summons that was served on the defendants in open court was postponed by Justice Donatus Okorowo until July 24.

In a case with the file number FHC/ABJ/CS/935/2023, Binani had named INEC, the Inspector-General of Police, and the Attorney-General of the Federation as defendants.

The applicant has filed suit to have Section 144 of the Electoral Act, 2022 interpreted, and also to have the status quo in the case preserved pending the outcome of the litigation’s determination.

Former Attorney General of the Federation and Minister of Justice Chief Michael Aondoakaa, representing Binani, filed an ex-parte motion alerting the court to the fact that the matter was before a tribunal and that time was of the essence.

However, he claimed that his client’s star witness, Hudu Yunusa Ari, was being harassed and stopped from testifying before the tribunal, which, if allowed to continue, would seriously damage his client’s position before the court.

Finally, he asked the court to protect the star witness in the case against INEC’s announcement of People’s Democratic Party (PDP) candidate and Adamawa Governor Ahmadu Fintiri as the winner on Sunday, April 16, 2023.

Aondoakaa told the court that since Binani had been declared by INEC, the declaration could only be legally and authentically reversed by a court of competent jurisdiction or a tribunal, and that all parties have joined issues at the tribunal on the legality of the declaration of the Plaintiff initially, and its cancellation by INEC.