APC Candidate Senator Aisha Binani Dahiru has filed a motion before the Federal High Court in Abuja, seeking a judicial review of INEC’s administrative decision to declare her opponent, Governor Ahmadu Fintiri, as the winner of the Adamawa gubernatorial elections.
Senator Aisha is also seeking an order of prohibition and certiorari to stop INEC and its agents from taking any further steps towards the declaration of Governor Fintiri as the winner of the election.
The Senator claims that INEC cancelled her initial declaration as the winner of the election after the opposition party, PDP, caused a public disturbance during the collation of results.
Senator Aisha argues that only the election petition tribunal has the power to cancel the declaration of an election result.
Senator Aisha’s motion is 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.
The Senator argues that a judicial review is necessary to checkmate the actions and decisions of inferior courts and government agencies, including INEC. She contends that only a court can nullify the actions of an INEC official and not the INEC itself.
In response to Senator Aisha’s motion, INEC has issued a directive to the Resident Electoral Commissioner (REC) of Adamawa State, Barr. Hudu Yunusa Ari, to abstain from the commission’s activities.
INEC’s decision is contained in a letter authored by the Secretary to INEC, Mrs. Rose Oriran-Anthony, and addressed to Mr. Gaidam.
The letter instructs the REC to stay away from the Commission’s office in Adamawa State immediately until further notice.
