Binani Withdraws Case As Court Dismisses Suit

EKO HOT BLOG reports that Aisha ‘Binani’ Dahiru, the All Progressives Congress (APC) candidate in the Adamawa state governorship election, has withdrawn her suit seeking to be affirmed as the winner of the poll.

The case was dismissed by a Federal High Court in Abuja on Wednesday following a notice of discontinuance filed by Binani’s lawyer. The presiding judge, Inyang Ekwo, dismissed the suit but noted that the lawyer failed to address the court on the issue of jurisdiction as ordered on April 18.

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The Adamawa governorship supplementary election was conducted on April 15 following the declaration of the March 18 poll as inconclusive over alleged irregularities. After voting ended, the collation of results began at the state collation centre — but the exercise was suspended after results from 10 Local Government Areas (LGAs) were announced.

However, Hudu Yunusa-Ari, the resident electoral commissioner, declared Binani as the winner before the collation resumed on April 16.

Yunusa-Ari made the declaration when outstanding results were yet to be announced. The Independent National Electoral Commission (INEC) subsequently described his action as null and void, stating that the declaration of a winner is the responsibility of the returning officer. Subsequently, Binani approached the court with an ex-parte motion seeking an order of prohibition and certiorari to remove to the court for the purpose of being set aside the administrative decision of the INEC made on April 16.

Binani also requested an order preventing the INEC from taking any further steps towards the declaration of the winner of the gubernatorial election of Adamawa state held on March 18 and the supplementary election held on April 15, pending the determination of the application for judicial review.

She claimed that the Peoples Democratic Party (PDP) and its candidate, Ahmadu Fintiri, resorted to stirring violence after she was declared the winner. She averred that INEC staff were caught up in the violence and were manhandled, which caused the electoral commission to cancel the initial declaration.

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Binani also submitted that INEC lacks the power to cancel an election result as such power is constitutionally vested in the election petition tribunal. However, with the withdrawal of the suit, Binani’s bid to be affirmed as the winner of the Adamawa state governorship election has come to an end.