In a contentious turn of events surrounding the Adamawa State governorship election, the Independent National Electoral Commission (INEC) is now seeking the prosecution of the suspended Resident Electoral Commissioner (REC), Hudu Yunusa-Ari. The REC had declared Senator Binani, the candidate of the All Progressives Congress (APC), as the winner of the election on April 15, 2023, while the vote counting was still underway.
The matter reached the courts, and the court ordered all parties involved, including INEC, the Inspector General of Police (IGP), and the Attorney General of the Federation (AGF), to maintain the status quo until the substantive suit is determined. As per the court’s order, the defendants were summoned to appear before it on July 18 to explain why they should not be permanently restrained from prosecuting the suspended Adamawa State REC.
During the recent proceedings, INEC’s counsel, Rotimi Jacobs (SAN), informed the court that the applicant (Binani) had not served the defendants with the court’s July 10 order. Jacobs further contested the competence and jurisdiction of the court to entertain the matter in a counter affidavit, stating that the interim order’s lifespan had expired on July 18.
On the other hand, counsel for Binani, Michael Aondoaka (SAN), argued that the interim order had not expired as the defendants had not presented their case as directed by the court. Aondoaka emphasized that INEC’s counsel could not claim ignorance of the court’s processes as he had actively participated in the matter.
Justice Donatus Okorowo, the trial judge, adjourned the case until Monday, July 24, for a hearing on the originating summons served on the defendants during the court session.
The court’s decision not to extend the interim order halting the prosecution of the suspended Adamawa State REC adds to the already contentious nature of the situation. Yunusa-Ari had sparked controversy by prematurely declaring Aisha Binani Dahiru of the APC as the winner of the Adamawa governorship election before the collation of results was completed. INEC invalidated the announcement and summoned the REC to its headquarters in Abuja.
Following this, INEC wrote to the police, urging them to prosecute Yunusa-Ari over the electoral infraction. Former President Muhammadu Buhari subsequently approved the suspension of the Adamawa REC pending the completion of the police investigation.
In a surprising twist, INEC revealed that the commission had filed a six-count charge against Yunusa-Ari before a high court in Yola, with the trial scheduled to commence on July 12.
However, in an ex-parte motion marked FHC/ABJ/CS/935/2023, Binani, through her counsel, Michael Aondoaka, sought to stop Yunusa-Ari’s prosecution.
These developments have left Nigerians perplexed about INEC’s insistence on prosecuting Yunusa-Ari and have raised questions about the culpability of the INEC chairman in the election irregularities.
The Adamawa State governorship election has been characterized by drama from the start. On March 20, INEC declared the March 18 election inconclusive, citing the margin between the two top candidates, Fintiri and Binani, as less than the total number of potential voters in 69 polling units where elections were canceled.
A supplementary election was subsequently scheduled for April 15, which led to more controversy during the collation of the results. The resident electoral commissioner, Yunusa-Ari, declared Binani as the winner in the absence of the collation officer, which added to the overall confusion.
In the final tally, Aisha ‘Binani’ Dahiru of the APC emerged with 398,788 votes, while Fintiri of the PDP secured 430,861 votes, making him the winner.
Nigeria’s political landscape has often been referred to as a “dirty game,” and these recent events in the Adamawa State governorship election have only reinforced this notion. The outcome of the court proceedings and the prosecution of the suspended REC will undoubtedly be closely watched by the nation as it navigates through its intricate political landscape.
