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Adamawa Guber: Court Refuses To Extend Order Stopping INEC’S Prosecution Of REC

Published

2 years ago

July 18, 2023

The Federal High Court in Abuja on Tuesday, refused to extend its July 10 interim order stopping the Independent National Electoral Commission (INEC), Inspector General of Police (IGP) and the Attorney General of the Federation (AGF) from prosecuting the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari pending the hearing and determination of a motion filed by Senator Aishatu Dahiru, also known as Binani.

INEC is seeking the prosecution of the suspended REC for declaring the governorship candidate of the All Progressives Congress (APC), Senator Aisha Binani winner of the Adamawa state governorship election on April 15, 2023.

The court had ordered parties in the motion filed by Binani, which had INEC, IGP and the AGF as defendants to maintain the status quo pending the determination of the substantive suit.

The Court also asked the defendants to appear before it on July 18 to show cause while they should not be permanently restrained from prosecuting the suspended Adamawa State REC.

At Tuesday’s proceedings, INEC’s counsel, Mr. Rotimi Jacobs (SAN) told the court that the applicant had not served the defendants with the July 10 order of the court.

Jacobs, who also told the court that, the defendants have not been served with the originating summons filed by Binani had, in a counter affidavit to the motion challenged the competence and the jurisdiction of the court to entertain the matter.

He told the court that the life span of the interim order elapsed on July 18.

However, counsel to Binani, Michael Aondoaka (SAN) argued that the interim order has not elapsed as the defendants have not shown cause as directed by the court.

According to Aondoaka, counsel to INEC cannot say he was not served with the processes of the court as he had joined issues in the matter.

Justice Donatus Okorowo, however, adjourned the matter till Monday, July 24 for hearing the originating summons served on the defendants in court on Tuesday.

The court refused to extend the interim order stopping the prosecution of the suspended Adamawa state REC.

In the suit marked, ABJ/CS/935/2023, the applicant is seeking the interpretation of section 144 of the Electoral Act 2022 by the court and a preservative order seeking the maintenance of status quo in the matter pending the determination of the suit.

Aondoaka, in the application, drew the attention of the court to the fact that the matter is before a tribunal and is time-bound, whereas the star witness to his client, Hudu Yunusa Ari is being harassed and prevented from giving evidence before the tribunal which if continued, would jeopardize the case of his client at the tribunal.

He therefore, urged the court to halt the harassment of the star witness in the petition before a governorship election petition tribunal challenging INEC’s declaration of a Peoples Democratic Party (PDP) candidate and governor of the state, Ahmadu Fintiri as the winner on Sunday, April 16, 2023.

The lawyer told the court that according to the relevant laws, since the applicant has been declared by the INEC, the declaration can only be legally and authentically reversed if need be, by a court of competent jurisdiction or a tribunal.

Senator Binani had earlier, through her counsel, Mohammed Sheriff filed a suit before a sister court presided over by Justice Inyang Ekwo which was, however, dismissed following a notice of discontinuance filed by the applicant.

The Adamawa State governorship supplementary election was conducted on April 15 following the declaration of the March 18 poll as inconclusive over alleged irregularities.

After voting ended, the collation of results began at the state collation centre but the exercise was suspended after results from 10 LGAs were announced.

However, Hudu Yunusa-Ari, the state’s Resident Electoral Commissioner, declared Senator Binani as the winner before the collation resumed on April 16.

Yunusa-Ari made the declaration when outstanding results were yet to be announced. The Independent National Electoral Commission (INEC) subsequently described his action as illegal and null and void.

INEC also suspended him and is determined to prosecute him for electoral malpractice.

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NiMet Predicts Three-day Rain, Thunderstorms From Monday

Published

3 hours ago

September 21, 2025

Editor

News

JUST IN: Ooni Visits Olubadan-designate Ladoja In Ibadan

Published

9 hours ago

September 21, 2025

Editor

The Ooni of Ife, Oba Enitan Ogunwusi, on Sunday, paid a visit to the Olubadan designate, Rashidi Ladoja, at his Bodija private residence in Ibadan, Oyo State.

The PUNCH reports that Oba Ladoja will be installed as the 44th Olubadan on Friday, September 26, 2025, following the demise of the 43rd Olubadan, Oba Owolabi Olakulehin, who joined his ancestors on Monday, July 7, 2025, at the age of 90 years.

The two paramount rulers are currently exchanging pleasantries.

Details later…

News

JUST IN: FG Revokes 1,263 Mineral Licenses Over Unpaid Fees

Published

9 hours ago

September 21, 2025

Editor

The Federal Government through the Ministry of Solid Minerals Development has announced a fresh revocation of not less than 1,263 mineral licenses.

These licenses, which will now be deleted from the Electronic Mining Cadastral System portal of the Nigerian Mining Cadastral Office, include 584 exploration licenses, 65 mining leases, 144 quarry licenses, and 470 small-scale mining leases.

The minister of Solid Minerals Development, Dele Alake, gave the revocation announcement in a statement issued by his special assistant on Media, Segun Tomori, on Sunday in Abuja.

The minister explained that the directive was issued due to the companies’ failure to comply with the requirement of paying their annual service fees.

The latest revocation brings the total mineral titles revoked under the current administration to 3, 794 including,619 mineral titles revoked for defaulting in paying annual service fees and 912 for dormancy last year.

By opening up the areas formerly covered by these licenses, the revocation is expected to spur fresh applications by investors looking for fresh opportunities.

The statement read, “Not less than 1,263 mineral licenses will be deleted from the portal of the Electronic Mining Cadastral system of the Nigerian Mining Cadastral Office, MCO, following their revocation by the Federal Government.

“These include 584 exploration licenses, 65 mining leases, 144 quarry licenses, and 470 small-scale mining leases.”

Approving the revocation following the recommendation of the MCO, the Minister said applying the law to keep speculators and unserious investors away from the mining sector would make way for diligent investors and grow the sector.

“The era of obtaining licences and keeping them in drawers for the highest bidder, while financially capable and industrious businessmen are complaining of access to good sites, is over.

“The annual service fee is the minimum evidence that you are interested in mining. You don’t have to wait for us to revoke the license because the law allows you to return the license if you change your mind,” the minister said.

He warned that the revocation does not mean the Federal Government has pardoned the annual service debt owed by licensees, adding that the list will be forwarded to the Economic & Financial Crimes Commission to ensure that debtors pay or face the wrath of the law.

“This is to encourage due diligence and emphasise the consequences of inundating the license application processes with speculative activities.”

In the recommendation to the minister, the Director-General of the MCO, Simon Nkom, disclosed that there were 1,957 initial defaulters when the MCO published the intention to revoke licences in the Federal Government Gazette on June 19, 2025.

He informed the minister that the gazette was distributed to MCO offices nationwide to sensitise licencees and encourage them to comply within 30 days in compliance with the Minerals and Mining Act 2007 and relevant regulations.

He observed that the delay in the final recommendation was due to complaints of several licensees who claimed to have paid to the Federal Government through Remita and had to be reconciled.

Earlier this month, the DG MCO had hinted that more mining licences would be revoked as part of ongoing efforts to sanitise the solid minerals sector and protect investors from fraudsters.

According to Nkom, the clean-up exercise, which covers expired, speculative, and inactive titles, is necessary to make room for genuine investors and ensure compliance with the law.

This is part of ongoing efforts at sanitising the sector since the inception of the Tinubu administration, and the salutary effects of the reforms are massive and manifest despite the attempts to push back by defaulters and their agents.