News

Adamawa: Court Dismisses Binani’s Suit Against INEC

Published

2 years ago

April 26, 2023

The Federal High Court, Abuja has dismissed the suit filed by Aisha Dahiru-Ahmed, candidate of the All Progressives Congress in the last Adamawa governorship election.

Dahiru-Ahmed, better known as Binani, had sought for judicial review of the decision by the Independent National Electoral Commission to reverse her earlier announcement as winner of the election by the state’s Resident Electoral Commissioner, Hudu Yunusa-Ari.

During Wednesday’s proceedings, her lawyer, Mohammed Sheriff, informed the court about the notice of discontinuance filed by the plaintiff and prayed the court to strike out the suit.

Following the motion for discontinuance, Justice Inyang Ekwo reminded Sheriff that an order was given on the last adjourned date directing him to address the court on whether the court had the jurisdiction to entertain the case or not.

The lawyer, who informed the court that a lot of issues had come up between the last date of adjournment and today, begged for an order striking out the suit.

The judge, however, held that since Sheriff had failed to go by the order of the court, the appropriate thing to do was to dismiss the matter.

“I hereby make an order dismissing this suit,” Justice Ekwo declared.

The judge had, on April 18, refused to hear an ex-parte motion filed by Binani.

Ekwo, instead, ordered the APC candidate’s counsel to address the court on the issue of jurisdiction before hearing the substantive motion.

The judge said though he was ready to hear Sheriff, the lawyer must address the court on the issue of jurisdiction before he proceeded.

He held that the application would be taken together with the issue of jurisdiction on the next adjourned date and adjourned until April 26 for hearing.

But the electoral umpire had, on April 19, declared the Peoples Democratic Party’s candidate and Gov. Ahmadu Fintiri the winner of the governorship election held in the state

Binani and APC, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, had sued INEC, PDP and its candidate, Gov. Fintiri as 1st, 2nd and 3rd respondents respectively.

Binani, through her lawyer, Hussaini Zakariyau, SAN, had sought a judicial review of the administrative decision of INEC on April 16 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.

The application 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.

Giving grounds why the motion should be granted, Binani stated that after the collation of results, INEC declared her as the winner of the elections but the PDP and its candidate, Governor Fintiri, 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 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, 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 the application, she averred that 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.

Related Topics:Adamawa Aisha Dahiru-Ahmed Binani REC

Up Next

Buhari Swears In Six New Permanent Secretaries

Don't Miss

$22bn Needed To Turn Around Free Zones In Delta, Other States

Comments

News

INEC CVR: CSO Expresses Worry Over Poor Deployment Of Machines, Manpower To LGs In Edo

Published

8 hours ago

August 29, 2025

Editor

By Joseph Ebi Kanjo

Edo Civil Society Organisations (EDOCSO) has expressed worry over the poor deployment of capturing machines and manpower to Igueben Local Government Area of the state by the Independent National Electoral Commission (INEC) in the ongoing Ongoing Continuous Voters Registration (CVR).

The Coordinator, EDOCSO, Igueben Study Centre, Leftist Enabulele Larry, and Secretary, Leftist Mark Akande expressed the CSO sentiment when the duo visited the INEC headquarters in Igueben where the CBR in the local government is taking place.

In a statement made available to INFO DAILY on Friday, the leadership of EDOCSO, Igueben Study Centre condemned the “use of only two capturing devices in a local government with over 69, 396 in population.”

The duo noted in the statement that their findings at the INEC headquarters revealed two capturing machines were deployed to each local government across the 18 local government areas of the state.

The civil society members said INEC excuse of deploying two capturing machines to each local government was not germane enough because many do not have a computer or android phone to do the online registration INEC gave as an excuse.

“The question here is, what is the percentage of our people mostly the aged individuals, that have access to Android mobile and other internet gadgets in Edo state?

“How many people can afford internet data to enable them have access internet services in Edo state under the current excruciating economic pains by the people?

“How many of the Edo people can even manipulate the Android mobile phone to the extent of navigating the internet hurdles to undertake the job is INEC? If INEC is not ready for the job, they should tell Nigerians.

“If citizens are now advised to individually undertake the statutory job of INEC, of what purpose does the commission serve to the people? etc,” they said.

As at when filing this report, INFO DAILY was yet to get a reply from the message sent to the INEC in Edo for reaction.

News

Edo Sports Commission Boss Celebrates Okpehbolo On Birthday

Published

13 hours ago

August 29, 2025

Editor

The Executive Chairman of the Edo State Sports Commission, Hon. Amadin Desmond Enabulele, has felicated with Governor Monday Okpebholo, on the occasion of his birthday.

In a statement issued on Friday by his Media Officer, Edoko Wilson Edoko, Enabulele Okpebholo as a visionary leader whose dedication to the growth and development of the state has continued to inspire confidence and admiration across all sectors, especially sports.

Enabulele, who highlighted the governor’s unwavering commitment to youth empowerment through sports development, noted that under his leadership, Edo State has witnessed significant strides in grassroots sporting initiatives and infrastructure.

“His Excellency, Senator Monday Okpebholo, is not just a political leader but a beacon of hope for the younger generation.

“His passion for excellence and inclusive governance is evident in the way he has continued to support policies that uplift our youths and promote sporting excellence,” the statement read.

The Executive Chairman prayed for long life, good health, and continued wisdom for the governor as he steers the affairs of the state towards greater prosperity.

“On behalf of the entire Edo State Sports Commission, I extend our warmest birthday wishes to His Excellency at 55. May this new chapter of his life be filled with more accomplishments and divine grace,” he added.

News

Oba Of Benin Suspends Palace Chiefs

Published

23 hours ago

August 28, 2025

Editor

The Oba of Benin, Ewuare II, has suspended two of his chiefs for falling for dereliction of duties.

This was contained in a statement signed by the Secretary to the Benin Traditional Council (BTC), Frank Irabor and made available to journalists in Benin City.

He said their suspension was as a result of their long absence from the palace, resulting in their failure to carry out their palace responsibilities.

The suspended persons are: Chief John Igiehon, the Izuwako of Benin and chief Aimiukpomonyako Oghogho (Ebengho), the Oyenmwensoba of Benin.

“The under-mentioned two (2) chiefs have been suspended from the Palace of the Oba of Benin.

“This is as a result of their long absence from the Palace, resulting in their failure to carry out their Palace responsibilities.

“The public is advised to be wary of unscrupulous chiefs that are no longer functioning in the Palace. His Royal Majesty has approved their _ Suspension and directed the public be duly informed.

“The names of the chiefs are: – ; 1. CHIEF JOHN IGIEHON, THE IZUWAKO OF BENIN and, _ 2 CHIEF AIMIUKPOMONYAKO OGHOGHO (EBENGHO), THE OYENMWENSOBA OF BENIN”, the statement said.