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ADAMAWA: Court declines extending order stopping prosecution of suspended REC

THE Federal High Court sitting in Abuja, today 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.

Additionally, the court ordered the defendants to appear before it on July 18 to provide justification for not being permanently barred from pursuing legal action against the suspended Adamawa State REC.

The lawyer for INEC, Rotimi Jacobs (SAN), revealed to the court during yesterday’s proceedings that the applicant had not served the defendants with the court’s order of July 10.

According to Jacobs, who also disputed the court’s authority and competency to hear the case in a counter affidavit to the application, the temporary order’s duration ended 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 case.

The trial judge, Justice Donatus Okorowo, today, adjourned the case till Monday, July 24 for a hearing on the originating summons served on the defendants in court.

The court refused to extend the interim order halting the prosecution of the suspended Adamawa State REC.

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