A Federal High Court in Abuja is set to hear an ex-parte motion filed by the All Progressives Congress (APC)’s candidate in the Adamawa governorship election, Senator Aisha Dahiru, popularly called “Binani,” on Tuesday.
The matter, which is number 26 on the cause list, will be presided over by Justice Inyang Ekwo.
The News Agency of Nigeria (NAN) reports that Binani, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, is suing the Independent National Electoral Commission (INEC), People Democratic Party (PDP) and its candidate, Governor Ahmadu Fintiri as 1st, 2nd and 3rd respondents respectively.
Dahiru, through her lawyer, Hussaini Zakariyau, SAN, had sought a judicial review of the administrative decision of INEC on April 16 in respect of her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15.
The application was brought pursuant to 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 well as Section 149 & 152 of the Electoral Act, 2022.
Giving grounds why the motion should be granted, Binani stated that after the collation of results, the electoral umpire declared her winner of the elections but the PDP and its candidate, Gov. Fintiri, resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
This crisis, Binani said, 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.
In the application, she averred that a judicial review exists to enable the superior court checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government, including agencies and public officers.
The motion was yet to be heard at the time of filing the report.