AL-HAU24news

From Ibrahim Ahmed

Senator Aisha Dahiru Binani has approached court seeking Judicial review of her declaration as winner of the election.

Binani who is the All Progressive Congress (APC), governorship candidate has filed a motion exparte before Federal High Court sitting in Abuja seeking the leave of the court for a review of administrative decision of the Independent National Electoral Commission (INEC), on April 16th in respect of her declaration as winner of the governorship election of Adamawa State holds March 18 and the Supplementary elections of April 15th.

She also seek an order of prohibition and certiorari and preventing the electoral body and it’s agents from taking any further steps towards declaration of the winner of the elections pending the determination of her application for judicial review.

As copy of the application circulated to some media houses 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 ground which the application brought, Senator Binani stated that after the Collation of result, INEC ( which she sued as 1st respondent), declared her winner of the elections but the People’s Democratic party (PDP) and it’s candidate, Governor Ahmadu Fintiri who were surd as the 2and 3th respondents resorted to fighting and causing a public disturbing led to the beating and manhandling of an INEC staff.

“This crisis according to Sen. Binani led INEC to cancel the initial declaration which it had no powers to do as only the election petition tribunal vested with such powers.

She further explained that by cancelling her declaration contends that INEC, Usurped the powers of the election petition tribunal court has the constitutional powers on a declaration from conduct of an election.

Our correspondent report that a documents tenderd before the court through, Binani’s lawyers headed by Senior Advocate of Nigeria SAN, Hussaini zakariyau, says a judicial review exists to enable the superior court checkmate the actions and decisions of inferior courts as well as the legislative and administrative armof government including agencies and public officers.

The applicant further submits that INEC being an agency of the government can have it’s actions, records and decisions checked by the court and only court can nullify the actions of an INEC official and not INEC itself.