Binani had withdrawn a suit she filed before the Federal High Court sitting in Abuja challenging the victory of the incumbent Governor, Ahmadu Fintiri.
The All Progressives Congress (APC) candidate in the Adamawa governorship election during the March 18 gubernatorial election, Aisha Dahiru, popularly known as “Binani,” has, again, sued the Independent National Electoral Commission, INEC, over the Commission’s nullification of her declaration as governor of the state.
Binani had withdrawn a suit she filed before the Federal High Court sitting in Abuja challenging the victory of the incumbent Governor, Ahmadu Fintiri.
The presiding judge, Justice Inyang Ekwo, had dismissed the suit at the court session following a notice of discontinuance filed by Binani through her lawyer.
However, Binani through her counsel, Michael Aondoaka, SAN, on Monday filed fresh suit before Justice Donatus Okorowo of a Federal High Court, Abuja.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll, sued INEC, the Peoples Democratic Party (PDP) and its candidate, Gov. Ahmadu Fintiri as 1st, 2nd and 3rd respondents, respectively.
She sought a judicial review of the decision by INEC to reverse her earlier announcement as winner of the poll by the state’s Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
Aondoaka while moving the motion, argued that it was the election petition tribunal that was vested with the power to decide the fate of his client in accordance with Section 149 of the Electoral Act, 2022.
He added that the decision of INEC would deprive Binani of Section 285(6) which gives 180 days within which her petition filed before the tribunal on May 6 could be dispensed with.
He told the court that though a similar suit was earlier filed before Justice Inyang Ekwo, stressing that the sister-court ordered Binani to approach a tribunal her suit, having being an election-related matter.
The lawyer sought a review of the INEC’s action, saying an undertaking had been signed to prove to the court that the present suit was not frivolous. He said in the undertaking, they were ready to face any cost should the court found the case to be frivolous.
Justice Okorowo stood down the matter for ruling, after listening to Andoaka.
The lawyer, who informed the court that a lot of issues had come up between the last date of adjournment and today, begged for an order striking out the suit.