The All Progressives Congress (APC) candidate for governor of Adamawa, Aisha Dahiru-Ahmed, also known as Binani has withdrawn her suit against the Independent National Electoral Commission (INEC).
The lawsuit was therefore dismissed by Justice Inyang Ekwo of a Federal High Court in Abuja, on Wednesday.
The APC candidate had asked the court to launch a judicial review of INEC’s decision to reverse its decision to retract Hudu Yunusa-Ari’s previous declaration of her as the election’s winner.
When the case was being heard again on Wednesday, Mohammed Sheriff, counsel for Binani, informed Justice Ekwo that a notice of discontinuance had been filed to that effect and urged the court to dismiss the case.
The attorney pleaded for the lawsuit to be dismissed after informing the court that numerous concerns had arisen between the last postponement date and the current one.
However, Justice Ekwo reminded Sheriff that he was required to address the court regarding whether or not the court had jurisdiction to hear the case by order issued on the last adjourned date.
“I hereby make an order dismissing this suit,” Justice Ekwo declared.
The judge had, on April 18, refused to hear an ex-parte motion filed by Binani.
Ekwo, instead, ordered the APC candidate’s counsel to address the court on the issue of jurisdiction before hearing the substantive motion.
The judge said though he was ready to hear Sheriff, the lawyer must address the court on the issue of jurisdiction before he proceeded.
He held that the application would be taken together with the issue of jurisdiction on the next adjourned date and adjourned until April 26 for a hearing.
The electoral umpire had, on April 19, declared the Peoples Democratic Party (PDP)’s candidate and Gov. Ahmadu Fintiri the winner of the governorship election held in the state
Binani and APC, in the motion ex-parte marked: FHC/ABJ/CS/510/2023, had sued INEC, PDP and its candidate, Gov. Fintiri as 1st, 2nd and 3rd respondents respectively.
Binani, through her lawyer, Hussaini Zakariyau, SAN, had sought a judicial review of the administrative decision of INEC on April 16 in respect of her declaration as the winner of the governorship elections held on March 18 and the supplementary poll of April 15.
She also sought an order of prohibition and certiorari preventing INEC and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
