The candidate of the All Progressive Congress (APC) for the Adamawa governorship election Senator Aisha Binani Dahiru has filed a motion ex parte before the Federal High Court in Abuja seeking a judicial review of the administrative decision of the Independent National Electoral Commission (INEC) on April 16th in respect of her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15.
Senator Binani 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.
In the grounds under which the application was brought, the Senator stated that after the collation of results, INEC (which she sued as the first respondent), declared her as the winner of the elections but the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri who were sued as the 2nd & 3rd respondents resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff member.
This crisis, she said, led INEC to cancel the initial declaration, which it had no power to do as only the election petition tribunal was vested with such powers.
By cancelling her declaration, Senator Binani contended that INEC usurped the powers of the election petition tribunal, which was the only court vested with powers on a declaration from the conduct of an election.
In the processes filed before the court, Senator Binani through her lawyers led by Senior Advocate of Nigeria, Hussaini Zakariyau, said a judicial review existed to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arms of government including agencies and public officers.
The applicant further submitted that the INEC being an agency of the government could have its actions, records, and decisions checked by the court and only a court could nullify the actions of an INEC official and not the INEC itself.
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