Nullification of Declaration: Again, Binani drags INEC to court
Aisha Dahiru, also known as “Binani,” the All Progressives Congress (APC) candidate in the Adamawa governorship election, has filed a fresh lawsuit against the Independent National Electoral Commission (INEC) over the nullification of her declaration as governor of Adamawa State in the March 18 governorship election.
The lawsuit was filed before Justice Donatus Okorowo of the Federal High Court in Abuja. Binani is seeking a judicial review of INEC’s decision to reverse her earlier announcement as the winner of the election.
She has named INEC, the Peoples Democratic Party (PDP), and its candidate, Governor Ahmadu Fintiri, as respondents in the lawsuit.
Binani’s counsel, Michael Aondoaka, argued that the fate of his client should be decided by the election petition tribunal in accordance with Section 149 of the Electoral Act, 2022.
He stated that INEC’s decision would deprive Binani of the opportunity to have her petition addressed within the 180-day timeframe provided by Section 285(6) of the Act.
Aondoaka highlighted that a similar suit was previously filed before Justice Inyang Ekwo, who directed Binani to approach a tribunal for her case since it involved an election-related matter. Therefore, Aondoaka requested a review of INEC’s action.
To demonstrate the seriousness of the case, an undertaking was signed to assure the court that the present suit was not frivolous, and Binani’s side was prepared to bear any costs if the court deemed the case to be frivolous. After hearing the arguments, Justice Okorowo reserved judgment on the matter.
It should be noted that Binani had previously withdrawn a suit before Justice Ekwo on April 26, following Governor Fintiri’s declaration as the winner of the governorship poll.
However, upon the resumption of the hearing, Binani’s counsel informed Justice Ekwo that a notice of discontinuance had been filed, urging the court to strike out the case.
Justice Ekwo reminded the counsel of a previous order to address the jurisdiction of the court, but since the order was not followed, the judge dismissed the case.
The outcome of the fresh lawsuit filed by Binani against INEC remains pending as the court will deliver its ruling on the matter.