Justice Inyang Ekwo of a Federal High Court in Abuja has temporarily declined to hear an application by Senator Aisha ‘Binani’ Dahiru, seeking an order of court restraining the Independent National Electoral Commission (INEC) from invalidating her declaration as winner of the governorship election in Adamawa State.
Binani had on Monday approached the court for leave to file an application for judicial review of the administrative decision of the Independent National Electoral Commission (INEC) made on April 16th in respect of her declaration as winner of the governorship elections of Adamawa State held on March 18 and the supplementary elections of April 15.
The application for leave to bring the application for judicial review was contained in an exparte application filed on April 17, 2023.
However, when the matter was called Justice Ekwo told the counsel for Binani , Mr Mohammed Sherif to first address the court on issues of jurisdiction.
According to the court, Binani is to file her address on whether the court has jurisdiction to hear the application within three days.
Binani alongside her party, the All Progressives Congress (APC) are in the application seeking for an order of Prohibition and Certiorari preventing the electoral umpire and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
Sued with the Commission are the PDP and its governorship candidate, Ahmadu Fintiri listed as 1st, 2nd and 3rd defendants respectively.
The application which was brought pursuant to order 34 Rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (civil procedure rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Section 149 & 152 of the Electoral Act, 2022.