Adamawa: Court Dismisses Binani’s Suit Against INEC
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.
READ ALSO: Adamawa: IGP Vows To Speed Up Probe Of Suspended INEC REC
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.
READ ALSO: Adamawa: Why Binani, REC, Indicted Security Officers, Others Must Be Punished – Falana
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.
READ ALSO: adaAdamawa: IGP Vows To Speed Up Probe Of Suspended INEC REC
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.
READ ALSO: Why Buhari Didn’t Intervene In Adamawa Governorship Saga — FG
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.
VIDEO: Dismantle EFCC, Sack Bawa For Successful Anti-corruption War – Agbakoba
Senior Advocate of Nigeria (SAN), Olisa Agbakoba, has asked President Bola Tinubu to dismantle the Economic and Financial Crimes Commission, EFCC, in his bid to have a successful anti-corruption war.
Agbakoba stated this while speaking in an interview on The Morning Show of Arise Television on Wednesday.
The legal luminary also urged the President to relieve the EFCC chairman, Abdulrasheed Bawa of his job, in order to have a fresh leadership for the agency in the new administration.
He said, “We need to talk about anti-corruption. The anti-corruption process is not working. I have challenged the constitutionality of the EFCC. The EFCC is a behemoth and it needs to be dismantled.
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“Mr. Bawa needs to go because what he’s doing is not attracting people’s confidence. He needs to go. He’s always in battles with everybody. Now, he’s battling Metawalle. That’s not the way to fight corruption.
“We need to see Mr. Bawa step aside honourably so that the anti-corruption process can be seen to be genuinely fought by the President without any equivocation,” he said.
Tinubu needs to dismantle EFCC, sack Bawa for successful anti-corruption war – Agbakoba
Senior Advocate of Nigeria (SAN), Olisa Agbakoba said President Bola Tinubu needs to dismantle the Economic and Financial Crimes Commission, EFCC, in his bid to have a successful… pic.twitter.com/CJXdhlw2SI
— Vanguard Newspapers (@vanguardngrnews) May 31, 2023
NAPTIP Sacks Director, Four Officers For Misconduct
The National Agency for the Prohibition of Trafficking in Persons has dismissed a deputy director and four other officers for various offences including bribery, corruption and leaking confidential information to suspects.
The Press Officer of the NAPTIP, Vincent Adekoye, disclosed this in a statement on Wednesday.
Adekoye explained that the offences range from corruption to demanding and receiving bribes from suspects and relatives.
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According to him, other offences committed by the officers were leaking confidential information to suspects that endangered the lives of colleagues, violating the oath of secrecy, stealing and alteration of official records and being absent without official leave.
He said, “These offences are all contrary to provisions of the Public Service Rules and other extant laws and regulations. Two other officers were demoted by two ranks for soliciting bribes from a suspect of human trafficking, while one officer was demoted by one rank for negligence of duty.
“The disciplinary actions followed the approval of the Governing Board of the Agency at its meeting of May 25, 2023. At that meeting, the board considered and ratified the decision of the agency’s Senior Staff Committee which earlier sat on the disciplinary matters in accordance with the Public Service Rules and other extant laws and regulations.”
READ ALSO: NAPTIP Rescues Three Babies Rented For Begging In Abuja
Adekoye also announced that a Federal High Court sitting in Sokoto State convicted a law enforcement officer and sentenced him to prison.
He said the officer was convicted on two counts of trafficking, contrary to section 26 (2) of the Trafficking in Persons (Prohibition) Enforcement and Administration Act (2015) and was sentenced to five years on each count.
He added, “This is NAPTIP’s 37th conviction and counting for the year 2023.”
Otti Suspends Transport Levies In Abia
The Abia State Governor, Alex Otti, has suspended all transport levies imposed on commercial drivers in the state.
This was contained in a statement by the special adviser to the governor on Media and Publicity, Ferdinand Ekeoma, on Wednesday.
He stated that the directive was in line with the campaign promise of the governor to sanitize methods of revenue collection in the state and stop all kinds of extortion, intimidation and harassement of motorists.
The statement read, “The governor has directed the immediate suspension of all kinds of transport levies payable to Abia state government and imposed on Tricycles (Keke), Buses, taxis and other commercial vehicles plying Abia roads.
“This suspension takes immediate effect, and will remain until government reviews these levies and makes public its arrangements for the smooth, organized and transparent collection of such transport levies in a manner it would not lead to extortion, intimidation and violation of rights and privileges of Abia residents.
READ ALSO: Otti Freezes Abia Accounts, Sacks Boards Executives
“The government believes that the present method is archaic and very harmful to the lives of the people and the economic well-being of the state, and thus should not be allowed to continue.
“In the light of the above decision, the governor has asked all those involved, directly and indirectly to please discontinue forthwith, or face the wrath of the law, as security agents have been briefed and directed to apprehend and bring to justice anyone found violating this directive”.
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