- Adjourns till April 26
The gubernatorial ambition of Aisha Dahiru-Ahmed, popularly called Binani, to govern Adamawa State on Tuesday suffered a setback as the Federal High Court, Abuja, refused to hear an ex-parte motion.
Instead, Justice Inyang Ekwo, ordered the APC candidate’s counsel, Mohammed Sheriff, to address the court on issue of jurisdiction before hearing the substantive motion.
Binani is the All Progressives Congress candidate in the Adamawa governorship election of March 18, with a supplementary election on April 15, 2023.
Upon resumed hearing on the matter, Afeez Matomi, announced appearance for Gov. Ahmadu Fintiri, the 3rd respondent in the suit, shortly after Sheriff mentioned his name.
Justice Ekwo then asked Matomi if he had been served.
The lawyer told the court that though they were yet to be served, they had filed a motion to counter part of Binani’s prayers.
He said they got the hint about the ex-parte motion through social media, hence, they decided to file a counter motion.
But the judge, who declined to listen to Fintiri’s lawyer, said it was imperative for counsel to go by what the law says.
Ekwo then ordered Sheriff to proceed on addressing the court.
The lawyer said his ex-parte motion was filed on April 17 and that he was ready to move it.
The judge said though he was ready to hear Sheriff, the lawyer must address the court on issue of jurisdiction before he proceeded.
“I am ready too but you have to address me on jurisdiction,” he said.
Justice Ekwo, who ordered Sheriff to address him on whether the court had the jurisdiction to hear the matter, held that the application would be taken together with the issue of jurisdiction on the next adjourned date.
He, consequently, adjourned the matter until April 26 for hearing of the motion and an address on jurisdiction.
Binani and APC, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, had sued the Independent National Electoral Commission (INEC), People Democratic Party (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.
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.