An Abuja Federal High Court has dismissed the suit filed by the gubernatorial candidate of the All Progressives Congress (APC) in the last governorship election in Adamawa State, Senator Aisha Dahiru Ahmed Binani.
The Senator had sought judicial review of the decision by the Independent National Electoral Commission (INEC) to reverse her earlier announcement as winner of the election by the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa-Ari.
Her lawyer had informed the court about the notice of discontinuance filed by the plaintiff and prayed the court to strike out the suit at the motion of the case on Wednesday.
In a ruling, the presiding judge, Justice Inyang Ekwo, dismissed the suit.
Binani had on April 17 filed a motion exparte before the Federal High Court in Abuja seeking to stop the INEC from nullifying her declaration as winner of the governorship election held on March 18 and the supplementary poll of April 15.
She also sought an order to prevent INEC and its agents from taking any further steps towards the declaration of the winner of the election pending the determination of her application for judicial review.
A copy of the application which 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.
According to 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 Adamawa governorship election but the Peoples Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri who was 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.
The crisis, she said, led INEC to cancel the initial declaration which it had no power to do as only the election petitions tribunal was vested with such powers.
By cancelling her declaration, Binani contended that INEC usurped the powers of the election tribunal which is the only court vested with such powers.
Ari had declared Binani winner of the election while the collation of results of the April 15 supplementary poll held in the state was still ongoing.
INEC afterwards nullified the declaration which is the statutory responsibility of the returning officer, Prof Muhammed Mele, and suspended the collation.
The PDP candidate and incumbent governor of the state, Ahmadu Fintiri, was consequently declared winner of the election having polled the highest votes.
