Aishatu Binani, the candidate of the All Progressive Congress, APC, for the Adamawa State governorship election, has asked the Federal High Court, Abuja to recognise her as the governor-elect of the state.
In a motion ex-parte jointly filed by Mrs Binani and her party, the candidate asked the court for an order restraining the Independent National Electoral Commission, INEC, from taking any further steps towards her declaration as the winner of the election pending the determination of her application for judicial review.
She noted that the application was brought pursuant to Order 34 Rules 1a, Orders 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 Sections 149 & 152 of the Electoral Act 2022.
In the suit with no FHC/ABS /CS/510/2023, obtained by DAILY NIGERIAN on Tuesday, she joined INEC as the first respondent, while the People’s Democratic Party, PDP, and its candidate, Ahmadu Fintiri, were sued as the second and third respondents.
On the grounds under which the application was brought, the applicants stated that after the collation of results, INEC declared her as the winner of the elections, but the People’s Democratic Party, PDP, and its candidate, Mr Fintiri, resorted to fighting and causing a public disturbance, which led to the beating and manhandling of an INEC staff.
“The 1st applicant, Senator Aisha Dahiru Ahmed, is the candidate sponsored by the 2nd applicant, the All Progressives Congress, in the gubernatorial election held on March 18, 2023, in Adamawa State and the supplementary gubernatorial election of Adamawa State held on 15th April 2023.
“After the completion of voting in the supplementary gubernatorial election of Adamawa State held on 15th April 2023, the first respondent did its collation of results.
“After the collation of results, the first respondent declared Senator Aisha Dahiru Ahmed as the winner of the gubernatorial election and was thereby returned as elected.
“Pursuant to the declaration of Senator Aisha Dahiru Ahmed as the winner of the gubernatorial election, any dissatisfied candidate is to resort to the tribunal for redress, if any.
“The 2nd respondent, People’s Democratic Party, and the 3rd respondent, Ahmadu Umaru Fintiri, who lost the election, resort to fighting and causing public disturbance, which led to the beating and man handling of one of the 1st Respondents staff.
“The crisis caused by the 2nd and 3rd respondents led the 1st respondent to announce that it has cancelled the initial declaration made by it on April 16, 2023.”
She further argued that INEC usurped the powers of the election petition tribunal by nullifying her declaration as the winner of the election.
“The 1st Respondent, the Independent National Electoral Commission, doesn’t have the power to cancel or declare a declaration which has been made null and void.
“The only court with the power on a declaration made from the conduct of an election is the Election Petition Tribunal set up by the 1999 Constitution of Nigeria [as amended],” she noted.
