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The Federal High Court sitting in Abuja, on Tuesday, declined to extend its interim order, issued on July 10 2023, stopping the Independent National Electoral Commission (INEC), the Inspector General of Police (IGP), and the Attorney General of the Federation (AGF) from prosecuting the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari, pending the hearing and determination of a motion filed by Senator Aishatu Dahiru, also known as Binani.
INEC is seeking the prosecution of the suspended REC for declaring Senator Binani, the governorship candidate of the All Progressives Congress (APC), as the winner of the Adamawa State governorship election on April 15, 2023 while vote counting was still ongoing.
The court had ordered the parties involved in Binani’s motion, which included INEC, the IGP, and the AGF as defendants, to maintain the status quo pending the determination of the substantive suit.
The court also requested the defendants to appear before it on July 18 to show cause as to why they should not be permanently restrained from prosecuting the suspended Adamawa State REC
During Tuesday’s proceedings, INEC’s counsel, Rotimi Jacobs (SAN), informed the court that the applicant had not served the defendants with the court’s July 10 order.
Jacobs, who also contested the competence and jurisdiction of the court to entertain the matter in a counter affidavit to the motion, stated that the lifespan of the interim order expired on July 18.
However, counsel for Binani, Michael Aondoaka (SAN), argued that the interim order had not expired as the defendants had not shown cause as directed by the court.
Aondoaka emphasised that INEC’s counsel could not claim not to have been served with the court’s processes as he had participated in the matter.
The trial judge, Justice Donatus Okorowo, adjourned the case till Monday, July 24 for a hearing on the originating summons served on the defendants in court on Tuesday.
The court refused to extend the interim order halting the prosecution of the suspended Adamawa State REC.
