A Federal High Court sitting in Abuja on Friday struck out the application seeking to stop the prosecution of the suspended Adamawa Resident Electoral Commissioner, Hudu Yunusa-Ari.
The application was filed by the All Progressives Congress governorship candidate in Adamawa State, Senator Aisha Binani Dahiru,
Hudu had announced Binani as the winner of the governorship election while collation was still ongoing which led to the annulment of the announcement.
However, the Independent National Electoral Commission (INEC) annulled the declaration and instead returned the incumbent governor, Umar Fintiri.
The court had previously given an interim order, directing INEC, Attorney-General of the Federation and Inspector General of Police to put on hold the plan to prosecute Yunusa-Ari.
The interim order followed a motion ex parte filed by Binani, who sought the court’s interpretation on whether INEC could charge or arraign Yunusa-Ari when a tribunal sitting was ongoing on the outcome of the gubernatorial election.
INEC, in a statement, claimed findings from police investigations established a prima facie case against Yunusa-Ari.
The commission subsequently filed a six-count charge against the ousted REC at the Adamawa State High Court in Yola.
But Binani urged the court to restrain parties in the interim so that INEC could show cause why Yunusa-Ari, her star witness at the Adamawa gubernatorial election tribunal, should be prosecuted when the proceeding was ongoing.
in his ruling on Friday, Justice Donatus Okorowo lifted the interim order earlier given, stating that a plaintiff is not permitted under the law to stop the proceedings at a court of coordinate jurisdiction.
The judge added that he lacks the power to bind a court of coordinate jurisdiction.
“On the whole, the INEC objection succeeds; this case is struck out,” Okorowo said.
