Court approves prosecution of suspended Adamawa REC Hudu Yunusa-Ari

On Friday, an application that was submitted by Senator Aisha Binani Dahiru, the governorship candidate for the All Progressives Congress in Adamawa State, seeking to block the prosecution of Hudu Yunusa-Ari, the suspended Adamawa Resident Electoral Commissioner, was rejected by the Federal High Court in Abuja.

Binani had been declared the victor of the race for governor despite the fact that Hudu had done it illegally.

In spite of this, the Independent National Electoral Commission (INEC) overturned the declaration and gave the governorship back to Umar Fintiri, who had previously held the position.

Earlier, the court issued an interim order, which directed INEC, the Attorney-General of the Federation, and the Inspector General of Police to put the plan to prosecute Yunusa-Ari on hold.

Following the filing of a motion ex parte by Binani, which asked the court to provide its interpretation on whether or not INEC had the authority to prosecute or arraign Yunusa-Ari while a tribunal meeting was taking place to determine the results of the gubernatorial election, the court issued an interim order.

The Independent National Electoral Commission (INEC) issued a statement in which it asserted that evidence from police investigations had established a prima facie case against Yunusa-Ari.

After the REC was removed from his position, the commission later brought six charges against him before the Adamawa State High Court in Yola.

But Binani asked the court to put a temporary restraining order on the parties involved so that the Independent National Electoral Commission (INEC) could explain why Yunusa-Ari, who was her star witness at the Adamawa gubernatorial election tribunal, should be prosecuted while the case was still continuing.

On the other hand, Justice Donatus U. Okorowo overturned the interim order in the decision that he handed down on Friday, stating that “There is no order of this court extending the lifespan of this order on status quo.”

Okorowo decided that the law did not allowed a plaintiff to seek the Federal High Court in order to stop the proceedings at a court of coordinating jurisdiction, and he based his decision on this interpretation of the law.

He went on to say that he did not have the authority to bind a court with concurrent jurisdiction.

This case is dismissed as a result of the INEC’s objection, which was successful overall, Okorowo stated.