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Nigerian Court May Order Arrest Of Suspended Adamawa Resident Electoral Commission, Yunusa-Ari

FILE
July 12, 2023

The arrest warrant may be issued next week.

A High Court in Adamawa State may issue a warrant of arrest for the suspended Resident Electoral Commissioner (REC), Hudu Yunusa-Ari for the 2023 elections in the state.

The arrest warrant may be issued next week.

 

Saharareporters on July 6, 202, reported that the Independent National Electoral Commission (INEC) had announced that it had filed a charge of six counts against Yunusa-Ari.

 

According to a statement signed by INEC Commissioner, Festus Okoye, Yunusa-Ari’s court trial is at the Adamawa State High Court sitting in Yola.

 

When the matter came up for mention on Wednesday, neither the suspended REC nor his defence team were in the courtroom.

 

As gathered, Yunusa-Ari on July 10, 2023, obtained an order from a Federal High Court in Abuja, restraining further actions on the matter.

 

The court, presided over by Justice Benjamin Manji, told the prosecuting counsel, Rotimi Jacobs that he would consider issuing a warrant of arrest on Yunusa-Ari on July 20, 2023.

 

However, before exhausting arguments, Justice Manji and Jacobs disagreed over the need to issue a warrant of arrest on Yunusa-Ari.

 

Yunusa-Ari is facing trial for declaring the All Progressives Congress (APC) candidate, Aishatu Dahiru Binani, the winner of the April 15, 2023 governorship election.

 

When the matter came up for mention on Wednesday, Jacobs told the court that had he learnt of a court order emanating from a Federal High Court in Abuja, which restraints further proceedings on the matter.

 

He however explained that the prosecution was yet to be served the order. He accordingly urged the court to proceed with proceedings.

 

He further argued that the order was frivolous because the Federal High Court lacks the jurisdiction to entertain matters bordering on electoral offences. He contested the matter, noting that it had been addressed by several court pronouncements.

He said it amounted to an abuse of the court process.

Jacobs further argued that the two courts were of concurrent jurisdiction, stressing that court was supported by law to continue with proceedings.

 

"They obtained and order before a Federal High Court staying all actions, pending the hearing of motion on notice. But I only saw the order for the first time before the court this morning.

 

"They got the order so as to prevent this matter from going on. This is what we have make of our judiciary, the Supreme Court has made series of pronouncements on this issue.

 

"Electoral offence is clearly within only the jurisdiction of the State High Courts. The implication is that they have abandoned all the decisions of the Supreme Court and they're making their own rules.

 

"Their plan to stall the prosecution because they know the court is going on vacation, which means the trial may not commence," he said.

 

However, Justice Manji who confirmed receipt of the order, affirmed, "it is not proper for me to support INEC to flaunt an order of a court, however frivolous the order. We should wait for the outcome of the motion exparte on July 18," he added.

 

He therefore, adjourned the matter to July 20, 2023 for further mention.