Aisha Binani seeks judicial evaluation of her declaration as Adamawa poll winner

Senator Aisha Binani Dahiru, the All Progressive Congress (APC) candidate for the Adamawa governorship election, has filed an ex parte movement earlier than the Federal High Court in Abuja looking for a judicial evaluation of the INEC’s administrative resolution on April sixteenth in respect of her declaration because the winner of the governorship elections held on March 18 and the supplementary poll held on April 15. Continue Reading…

Senator Binani can also be looking for an order of prohibition and certiorari stopping INEC and its brokers from continuing with the declaration of the election winner pending the end result of her judicial evaluation utility.

The applying which was introduced pursuant to Order 34 guidelines 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019 and Part 251 (1)q & r of the 1999 Structure, in addition to Part 149 & 152 of the Electoral Act 2022.

Within the grounds below which the applying is introduced, the Senator acknowledged that after the collation of outcomes, INEC (which she sued as the primary respondent), declared her because the winner of the elections however the PDP and its candidate Governor Ahmadu Fintiri who was sued because the 2nd & third respondents resorted to combating and inflicting a public disturbance which led to the beating and manhandling of an INEC employees.

This disaster, she says, led INEC to cancel the preliminary declaration which it had no energy to do as solely the election petition tribunal is vested with such powers.

By cancelling her declaration, Senator Binani contends that INEC usurped the powers of the election petition tribunal which is the one court vested with powers on a declaration from the conduct of an election.

In paperwork put earlier than the courtroom, Senator Binani via her legal professionals led by Senior Advocate of Nigeria, Hussaini Zakariyau, says a judicial evaluation exists to allow the superior courtroom to checkmate the actions and choices of inferior courts in addition to the legislative and administrative arm of presidency together with companies and public officers.

The applicant additional submits that the INEC being an company of the federal government can have its actions, information, and choices checked by the courtroom and solely a courtroom can nullify the actions of an INEC official and never the INEC itself. Continue Reading…