The All Progressive Congress (APC) ruling candidate in the 2023 governorship election in Adamawa State, Aishatu DahiruWho goes by the name Binani, has asked the Federal High Court in Abuja to nullify an illegal declaration by the Independent National Electoral Commission (INEC) that named him the governor-elect of the state.
The Leadership newspaper reported that Binani had asked the judge for an order barring him from taking any further steps to declare the winner of the election pending a decision on his judicial review petition.
The APC candidate was declared illegal as the governor-elect of the state by the Resident Electoral Commissioner (REC) last Sunday after the by-election in the state.
Ms. Dahiru was hoping to beat governor Ahmadu Fintiri of the Peoples Democratic Party, who won more votes in the March 18 general election.
According to the Nigerian electoral law, the REC, Hudu Ari, has no authority to announce the winner of the election. That responsibility rests solely with the state election official appointed by the Independent National Electoral Commission (INEC).
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PREMIUM TIMES gathered that the remaining local government results were not received by INEC when the REC announced Mrs. Dahiru as the winner. INEC later released a statement nullifying the announcement of the state by its REC, stating that it was a usurpation of the power of return.
According to court documents obtained by the newspaper, after the results were collated, INEC argued that it declared the winner of the election, but the Peoples Democratic Party (PDP) and its candidate, Ahmadu Fintiri, who is seeking the incumbent governorship. in his second term, he violently disturbed the public peace and assaulted an INEC National Commissioner.
He claimed that the ensuing crisis had forced INEC to rescind the original declaration appointing the governor-elect of the state. He added that INEC did not have the power to annul a declaration made, as only the election petition court has the power to annul such a declaration.
He further argued that INEC had usurped the powers of the electoral tribunal by nullifying the declaration it had initially made.
His lawyer, Hussaini Zakariyau, a Senior Advocate of Nigeria (SAN), said a judicial review exists for a higher court to stay the actions and decisions of lower courts, as well as the legislative and administrative branches of government, including agencies and public servants.
He argued that as a public agency, INEC’s actions, records and decisions can be verified by the court. He added that only a court can invalidate the actions of an INEC official and not INEC itself.
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