An ex-parte motion filed by the governorship candidate of the All Progressives Congress (APC) in Adamawa State, Aisha Binani at the Federal High Court sitting in Abuja was declined on Tuesday.
The motion sought to stop further action on the ongoing governorship election in the state.
Binani had on Monday approached the court through her lawyers seeking for an order restraining the Independent National Electoral Commission (INEC) from taking further action on her declaration as Governor-Elect by the suspended Resident Electoral Commissioner in the State, Hudu Yunus Ari.
In its reaction, the court not only declined to hear the ex-parte application filed by Senator Binani but also asked her lawyers to address it on the jurisdiction to entertain the motion.
“I am ready too but you have to address me on jurisdiction,” the Judge said.
The Presiding Judge, Justice Inyang Ekwo gave the APC candidate’s lawyer three days to file the application and thereafter adjourned further hearing into the matter till 26th April.
Binani in the ex-parte application marked: FHC/ABJ/CS/510/2023, applied for leave of the court to allow her to seek “an order of prohibition and certiorari removing to this court for the purpose of being set aside the administrative decision of the 1st Respondent made on 16th April 2023 in respect of the declaration of the winner from the gubernatorial election of Adamawa State held on the 18th of March, 2023 and the supplementary election held on 15th April 2023.”
As well as an order of the court, “preventing the 1st Respondent, its agent, assign or any person acting on its behalf from taking any further steps towards the declaration of the winner from the gubernatorial election of Adamawa State held on the 18th of March and the supplementary election held on 15th April 2023, pending the determination of the application for judicial review”.
Whereas the APC was listed as the 2nd Applicant in the suit that was filed by a team of lawyers led by Hussain Zajariyau (SAN), the Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP), and its candidate/incumbent governor of the state, Ahmadu Fintiri, were cited as 1st to 3rd Respondents.
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