From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has refused to entertain the application by the Governorship candidate of the All Progressives Congress (APC) in Adamawa State, Senator Aisha Binani Dahiru, bordering on the controversial supplementary election in the State until the issue of its jurisdiction is sorted out.
In the said application before the court, Senator Binani Dahiru is seeking an order of court restraining the Independent National Electoral Commission (INEC) from invalidating her declaration as winner of the governorship election in Adamawa State.
Justice Inyang Ekwo said unless the status of the application is established as to whether the subject matter is a pre-election or post election issue, his court will not have the jurisdiction to entertain it.
Justice Ekwo specifically told Benani’s counsel, Mr Mohammed Sherif to within two days file and address the court first on issues of jurisdiction.
During Tuesday’s proceedings, one Hafis Matonmi, announced his appearance for Governor Ahmadu Fintiri, candidate of the People’s Democratic Party (PDP), however, the court declined to hear him on the grounds that he had not been served with court processes on the matter.
Senator Binani had on Monday approached the court for leave to file an application for judicial review of the administrative decision of the Independent National Electoral Commission, (INEC) made on April 16th in respect of her declaration as winner of the governorship elections of Adamawa State held on March 18 and the supplementary elections of April 15.
Listed as defendants in the matter are the Independent National Electoral Commission(INEC), the People’s Democratic Party (PDP) and its governorship candidate, Ahmadu Fintiri listed as 1st, 2nd and 3rd defendants respectively.
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.
She argued through her counsel, Hussaini Zakariyau, SAN, that “the only court with power on a declaration made from the conduct of an election is only the Election Petition Tribunal set up by the 1999 Constitution”.
It is her case that after the completion of vote in the supplementary governorship election of April 15, and the subsequent collation of same results, INEC “declared her as the winner of the gubernatorial election and was thereby returned as elected.”
The applicants said pursuant to the declaration any dissatisfied candidate was to resort to the tribunal for redress if any.
She faulted the cancellation of her declaration on April 16 based on some crisis caused by the PDP and its candidate Governor Ahmadu Fintiri, stressing that INEC “has no powers to cancel or declare the declaration as made as null and void”, adding that,” INEC after the declaration of Senator Aisha Dahiru Ahmed as the winner usurped the powers of the Election Petition Tribunal and declare the declaration null and void.
The 1st respondent does not have the requisite powers to declare an election in which the winner has been declared null and void”.
Binani through her lawyers led by Hussaini Zakariyau, SAN, submitted 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 applicant further submits that INEC being an agency of the government can have its actions, records and decisions checked by the court and only a court can nullify the actions of an INEC official and not INEC itself.