Justice Inyang Ekwo of the Federal High Court sitting in Abuja, the Federal Capital Territory, Tuesday, refused to hear an ex-parte motion filed by Governorship candidate of All Progressives Congress, APC, in Adamawa State, Senator Aisha Dahiru Ahmed, seeking validation of her purported declaration as Governor-Elect.

Defendants in the ex-parte application are the Independent National Electoral Commission, INEC; Peoples Democratic Party, PDP; and the Governor of the State who doubles as the candidate of PDP in the State, Ahmadu Fintiri.

Popularly called Binani, the governorship candidate had approached the court to determine whether the INEC can take any further steps on the declared governorship election results made by the suspended Resident Electoral Commissioner of the State, Barrister Hudu Yusufu-Ari.

When the motion ex-parte was about to be moved on Tuesday by Binani's counsel, Mohammed Sheriff, Justice Inyang interjected and asked Sheriff to first address him on whether or not the court has jurisdiction to entertain such matter.

Justice Ekwo directed Binani's counsel to file his address on the issue and subsequently fixed April 26, for hearing of the motion ex-parte and the application on whether the court has jurisdiction to entertain the matter.

Earlier, another lawyer, Afeez Matanmi who claimed to be counsel to the Adamawa state Governor had sought to address the Court but was restrained by the trial judge on the ground that the issue before the court was an ex-parte application.

Specifically, Binani wants the court to decide if INEC has the power to void her declaration by Hudu as the winner of the Adamawa state governorship election.

Similarly, Binani is seeking the court to intervene and stay the hands of INEC from voiding her declaration as the winner of the election in line with the provisions of the law.

In the ex parte motion, marked FHC/ABJ/CS/510/2023, filed on April 17, Binani is seeking a judicial review of the decision of the electoral body in voiding the declaration and halting further action on the matter.

Binani is asking the court for leave to allow her to seek, “an order of prohibition and certiorari removing to this court for the purpose of being set aside the administrative decision of the 1st respondent made on 16th April, 2023 in respect of the declaration of the winner from the gubernatorial election of Adamawa state held on the 18th of March, 2023 and the supplementary election held on 15th April, 2023.”

She also wants an order preventing the first respondent, its agent, assign or any person acting on its behalf from taking any further steps towards the declaration of the winner from the gubernatorial election of Adamawa state held on the 18th of March and the supplementary election held on 15th April 2023, pending the determination of the application for judicial review.”

Binani is claiming that the PDP and its candidate, Fintiri, had resorted to stirring violence after she was declared the winner, adding that INEC staff were caught up in the violence and were manhandled which caused the electoral commission to cancel the initial declaration.

The applicant submitted that INEC lacked the power to cancel an election result as such power is constitutionally vested in the election petition tribunal.

The Senator averred through her lawyers led by Hussaini Zakariyau SAN, that a judicial review existed to enable the superior court to checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.

It was her contention that INEC, being an agency of the government, could have its actions, records, and decisions checked by the court which could also nullify such actions and not the commission itself.

Recall that Hudu Ari had last Sunday, declared Binani as winner of the Adamawa state guber election, while the commission was still awaiting results from 10 local government areas, from Saturday’s supplementary election.

INEC, in a swift reaction, had denounced the declaration as invalid, and consequently axed the REC for usurping the powers of the Returning Officer (RO), to make such a pronouncement.

Meanwhile, the Commission has commenced process of resuming the collation of results and announced eventual winner of the election.