ABUJA – Senator Aisha Binani Dahiru, candidate of the All Progressive Congress (APC) for the Adamawa governorship election, has filed a motion exparte before the Federal High Court in Abuja seeking a judicial review of the administrative decision of the Independent National Electoral Commission (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.
She 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.
Sundiata Post 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.
On the grounds under which the application is brought, Binani as she is popularly called, 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 & 3rd respondents resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
This crisis, she says, led INEC to cancel the initial declaration, which it had no power to do as only 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 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, says 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.
The applicant further submits 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.
