Senator Aisha Binani Dahiru, the All Progressives Congress (APC) candidate for the Adamawa governorship election, has filed an ex parte motion before the Federal High Court in Abuja seeking a judicial review of the Independent National Electoral Commission (INEC)’s administrative decision on April 16th in respect of her declaration as the winner of the governorship elections held on March 18 and the supplementary poll held on April 15.
Senator Binani is also seeking an order of prohibition and certiorari, stopping INEC and its officials from proceeding with the declaration of the election winner awaiting the outcome of her judicial review suit.
Channels Television got a copy of the application, which was filed in accordance with Order 34 Rules 1a, Order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (Civil Procedure Rules) 2019, Section 251 (1)q & r of the 1999 Constitution, and Sections 149 & 152 of the Electoral Act 2022.
The Senator stated in the grounds for the application that after the results were collated, INEC (which she sued as the first respondent) declared her the winner of the elections, but the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri, who were sued as the second and third respondents, resorted to fighting and causing a public disturbance, resulting in the beating and manhandling of an INEC staff.
This situation, she claims, prompted INEC to rescind the initial declaration, which it had no authority to do because only the election petition tribunal has such authority.
Senator Binani claims that by canceling her declaration, INEC usurped the powers of the election petition tribunal, which is the only court with authority over a declaration arising from the conduct of an election.
Senator Binani, through her lawyers led by a Senior Advocate of Nigeria Hussaini Zakariyau, claims in court documents that a judicial review exists to allow 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 application also claims that because the INEC is a government entity, its acts, records, and decisions can be challenged in court, and that only a court can overturn an INEC official’s activities, not the INEC itself.
