The All Progressives Congress, APC Governorship candidate in the last election in Adamawa State, Aishatu Binani Dahiru, on Monday, urged the Federal High Court in Abuja to allow the Election Petitions Tribunal sitting in Yola to deliver its judgement before the suspended Resident Electoral Commissioner, REC, Hudu Yunusa-Ari, is prosecuted.
Binani told Justice Donatus Okorowo, through her counsel, Chiesonu Okpoko, SAN, while adopting the processes filed in respect of her suit that the prosecution of Hudu Yunusa-Ari who according to her is a witness in the Adamawa State Governorship Election Petitions Tribunal could lead to a biased judgement.
Binani had sued the Independent National Electoral Commission, INEC, Inspector-General of Police and the Attorney-General of the Federation as respondents respectively.
Binani’s counsel, Michael Aondoakaa, SAN, in the ex-parte motion earlier filed and granted by the court on July 10, drew the attention of the judge to the fact that a petition was before the Adamawa State Election Petition Tribunal and would be dispensed with within 180 days in accordance with the law.
But in the last adjourned date, the court, which did not extend the interim order, fixed today for hearing of the originating summons served on the defendants.
Upon resumed hearing, Okpoko, who held the brief of Aondoakaa, argued that the star witness to their client, Hudu Yunusa-Ari, was being harassed and prevented from giving evidence before the Tribunal which if continued, would jeopardise the case of their client.
The lawyer prayed the court to restrain the respondents from prosecuting Yunusa-Ari pending the determination of Binani’s petition at the Tribunal.
He based his argument on the grounds that prosecuting the suspended REC now, while Binani was still challenging INEC’s declaration of Ahmadu Fintiri of PDP as Adamawa Governor after she had earlier been declared winner of the polls, might create a likelihood of bias in the decision of the Tribunal.
Okpoko further submitted that the applicant was not saying that Ari should not be prosecuted but that INEC and others should wait until the Tribunal gave its judgement within the180 days prescribed by law.
He then urged the court to halt the prosecution of the suspended REC and uphold their argument.
But counsel to INEC, Adebisi Adeniyi, who held brief for Rotimi Jacobs, SAN, disagreed with Okpoko’s submission and argued that the charge being preferred against the suspended REC was a bailable one that would allow him to give his testimony before the Tribunal.
The lawyer further said that Binani had not placed anything before the court to show that Yunusa-Ari was listed as witness in her petition.
Adeniyi, who challenged the jurisdiction of the court to hear the matter, said the suit ought to have been filed in the state where Yunusa-Ari is being charged.
But disagreeing with Adeniyi, Okpoko argued that all the respondents in Binani’s suit were Federal Government’s agencies, hence, the issue of court jurisdiction had no place.
Justice Okorowo adjourned the matter until October 13 for judgement.
(Editor: Terverr Tyav)
