A federal high court in Abuja has refused to extend its interim order restraining the Independent National Electoral Commission (INEC) from prosecuting Hudu Yunusa-Ari, suspended Adamawa state Resident Electoral Commissioner (REC).
Recall that Ari was suspended after declaring Aisha Binani Dahiru of the All Progressives Congress (APC) as the winner of the Adamawa governorship election when the collation of the results was yet to be completed.
The announcement was declared null and void by INEC who are now seeking to prosecute the suspended Adamawa REC.
An interim order was granted by Justice Donatus Okorowo who ordered INEC, the attorney-general of the federation (AGF) and the inspector-general of police (IGP) should not be granted to maintain status quo ante bellum, pending the hearing and determination of the matter.
In court on Tuesday, July 18, Rotimi Jacobs, INEC’s lawyer, informed the court that the applicant had not served the respondents with the court’s July 10 order.
He also argued against the competence and jurisdiction of the court to entertain the matter in a counter affidavit to the motion, adding that the lifespan of the interim order expired on July 18.
Counsel to APC governorship candidate in Adamawa election, Michael Aondoaka argued that the interim order cannot expire since the defendants had not shown cause as directed by the court.
He also said that INEC’s counsel cannot say he was not served with the processes of the court as he had joined issues in the matter.
Justice Okorowo who refused to extend the interim order previously granted, adjourned the case till July 24.
