*As APC leaders accused of messing up 2023 elections
“The idea could be for INEC to say go to court and once any court in Nigeria can ask us to accept the declaration, we will give you your Certificate of Return. This is one of the further loss of trust and confidence that INEC put itself with Nigerians. Nobody will ever trust them again because, if you are not complicit in it, why do you need to be told before you arrest the REC?”
By OUR REPORTER
As if to say “we make the law and it must work our way at all cost”, despite knowing that her “illegal” declaration as Governor-elect in Adamawa State governorship election with results of 10 of 20 Local Government Areas (LGAs) still unknown, All Progressives Congress (APC)’s candidate and sitting Senator of the Federal Republic, Aisha Dahiru a.k.a. Binani, still went to court for her illegality to be affirmed as legality.
This was based on update The DEFENDER gathered from the North Eastern state on Monday, which put to rest the excuse innocence given to the woman, now seen by some advocates of woman in politics described as disappointment to womanhood, for rushing to give televised governorship acceptance speech of election she did not win.
As at March 18 election results, Governor Ahmadu Fintiri of Peoples Democratic Party (PDP) led in the collated results while also maintaining his lead by over 31,000 votes after collated results of 10 of 20 LGAs in the supplementary election of Saturday April 15, 2023.
She was, however, declared winner by Independent National Electoral Commissioner (INEC)’s Resident Electoral Commissioner (REC), Mr. Hudu Ari, who is not known by the law as officer charged with duty to declare winner of an election.
The INEC headquarters Abuja, in a swift reaction by National Commissioner for Voters Education, Dr. Festus Okoye, voided the declaration as it said the REC acted not on its behalf but on his own name.It then declared the declaration of APC’s Binani as null and void.
However, the APC’s Adamawa State governorship candidate, Senator Aisha Dahiru Binani, went ahead and filed a motion exparte before the Federal High Court in Abuja, seeking a judicial review of the administrative decision of the INEC on April 16th in respect of her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15.
Senator Binani is also seeking an order of prohibition and certiorari preventing INEC 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.
Channels Television had reportedly obtained a copy of 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.
In the grounds under which the application is brought, the Senator stated that after the collation of results, INEC (which she sued as the first respondent), declared her as the winner of the elections but the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri, who was sued as the 2nd and 3rd respondents, resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
This crisis, she said, led INEC to cancelling the initial declaration which, according to her, it had no power to do as only the election petition tribunal is vested with such powers.
The female federal lawmaker did not state whether she was aware of the issues that her acclaimed declaration was done while 10 of 20 election results were still being awaited for collation and therefore unknown.
But she continued that cancelling her declaration, Senator Binani contended that INEC usurped the powers of the election petition tribunal which is the only court vested with powers on a declaration from the conduct of an election.
In documents put before the court, Senator Binani through her lawyers led by Senior Advocate of Nigeria, Hussaini Zakariyau, said a judicial review exists to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.
According to the report, the applicant further submitted that the INEC being an agency of the government can have its actions, records, and decisions checked by the court and only a court can nullify the actions of an INEC official and not the INEC itself.
The Binani’s unchecked action has attracted criticisms from watchers of event from across the country, who say the woman politician was oblivious of natural consequences of what she and those that lead her way in this latest Adamawa drama have started.
We gathered that her going to court might not be without involvement of the same INEC’s headquarters that voided her illegal declaration as Governor-elect why failing to cause arrest of the erring REC that committed the breach neither has it made public, 72 hours the political crime, report of any punitive measure that has been taken against him.
“The idea could be for INEC to say go to court and once any court in Nigeria can ask us to accept the declaration, we will give you your Certificate of Return. This is a mess up of heavily invested 2023 elections by APC leaders. It further explains the loss of trust and confidence that INEC put itself with Nigerians.
“Nobody will ever trust them again because, if you are not complicit in it, why do you need to be told before you arrest the REC? Don’t you fear Allah to whom you fast in this month of Ramadan?” An angry Nigerian said under condition of anonymity.
