An application filed by Senator Aisha Binani, the All Progressives Congress (APC) governorship candidate in Adamawa State, seeking to prevent the prosecution of the suspended Adamawa Resident Electoral Commissioner, Hudu Yunusa-Ari, has been struck out by an Abuja Federal High Court.
Previously, the court had issued an interim order instructing the Independent National Electoral Commission (INEC), the Attorney-General of the Federation, and the Inspector General of Police to maintain the “status quo” regarding the intended prosecution of Hudu. This interim order was issued in response to a motion ex parte filed by Senator Aisha Binani.
The motion, marked FHC/ABJ/CS/935/2023, was presented by Binani’s lawyer, M. K. Aondoakaa, SAN, and sought an interpretation of Sections 144 and 149 of the Electoral Act 2022.
Section 144 and 149 of the Electoral Act 2022 pertain to the Commission’s consideration of recommendations from a tribunal regarding the prosecution of individuals for offenses disclosed in election petitions and the validity of actions taken by INEC officials under certain circumstances.
Senator Binani’s application aimed to temporarily restrain the parties involved, allowing INEC to explain why Hudu, who was her star witness at the Adamawa Tribunal, should be prosecuted while the Tribunal proceedings were ongoing.
However, INEC’s lawyer, Rotimi Jacobs, argued that the application was essentially an academic exercise designed to prevent a court of coordinate jurisdiction from performing its functions.
In his ruling, Justice Donatus U. Okorowo lifted the interim order, stating that there was no order from the court extending the lifespan of the “status quo” order. He also noted that it was not within the law for a plaintiff to approach the Federal High Court to halt proceedings in a court of coordinate jurisdiction. The judge emphasized that he lacked the authority to bind a court of coordinate jurisdiction and, as a result, struck out the case.
This ruling signifies the court’s stance on maintaining the separation of powers and jurisdiction in legal matters.