The candidate of the All Progressives Congress (APC) in the Adamawa governorship election, Senator Aisha Binani Dahiru and the Party have filed a motion exparte before the Federal High Court in Abuja seeking a judicial review of the administrative decision of the Independent National Electoral Commission (INEC) on April 16 in respect of her declaration as the winner of the polls held on March 18 and the supplementary poll of April 15.
Recall that controversy trailed Binani’s declaration as the winner of the governorship election by the state’s Resident Electoral Commissioner, Hudu Yususa, on Sunday.
However, INEC waded in immediately, saying the declaration was null and void.
Yususa, the REC, was thereafter suspended on Monday.
But, Senator Binani, unsatisfied with INEC’s move, has approached the Court, seeking an order of prohibition and certiorari preventing the Commission and its officers from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
A copy of the application was brought under Order 34 rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019, Section 251 (1)q & r of the 1999 Constitution and Section 149 & 152 of the Electoral Act 2022.
The application noted that INEC’s cancellation of the initial declaration means it is usurping the powers of the election petition, being the only court vested with powers to do so from the conduct of an election.
However, the Peoples Democratic Party, PDP, on Monday staged a protest calling on INEC to continue collating results.