Binani takes legal action against INEC over declaration nullification

APC Candidate Binani Files Fresh Lawsuit Against INEC Over Declaration Nullification

Aisha Dahiru, widely known as “Binani” and the All Progressives Congress (APC) candidate in the Adamawa governorship election, has once again taken legal action against the Independent National Electoral Commission (INEC) regarding the nullification of her declaration as governor of Adamawa. Binani, represented by her counsel Michael Aondoaka, SAN, filed the new lawsuit before Justice Donatus Okorowo of the Federal High Court in Abuja.

In the ex-parte motion numbered FHC/ABJ/CS/935/2023, the APC candidate named INEC, the Peoples Democratic Party (PDP), and its candidate, Governor Ahmadu Fintiri, as the 1st, 2nd, and 3rd respondents, respectively.

Binani is seeking a judicial review of INEC’s decision to reverse her earlier announcement as the winner of the election by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.

Aondoaka argued during the hearing that the election petition tribunal had the authority to decide the fate of his client, as stipulated in Section 149 of the Electoral Act, 2022. He contended that INEC’s decision would deprive Binani of the provisions in Section 285(6), which grants 180 days for the resolution of her petition filed before the tribunal on May 6.

The senior lawyer informed the court that a similar suit had previously been filed before Justice Inyang Ekwo, who directed Binani to pursue her case through the tribunal since it was an election-related matter.

Aondoaka requested a review of INEC’s action and emphasized that an undertaking had been signed to demonstrate the seriousness of the present lawsuit. He assured the court that they were prepared to bear any costs if the case was deemed frivolous.

Following Aondoaka’s submission, Justice Okorowo adjourned the matter to rule on it.

It is worth noting that Binani had previously withdrawn the suit before Justice Ekwo on April 26, following the declaration of Fintiri as the winner of the governorship election. However, the case was dismissed due to non-compliance with the court’s order.