A Federal High Court, Abuja, on Monday, stopped the Independent National Electoral Commission, INEC, from prosecuting the suspended Adamawa Resident Electoral Commissioner, REC, Hudu Yunusa-Ari, over his declaration of Aisha Dahiru, the All Progressives Congress, APC, candidate, as governor in the March 18 poll.

Justice Donatus Okorowo made the order after Michael Aondoaka, SAN, counsel to Dahiru, moved the ex-parte motion to the effect.

In the ex-parte motion marked: FHC/ABJ/CS/935/2023, the APC candidate in the poll, sued INEC, Attorney-General of the Federation, AGF, and another as respondents.

Mr Aondoakaa while moving the motion on Monday, argued that until the election petition tribunal decides the fate of his client in accordance with Section 149 of the Electoral Act, 2022, the prosecution of Yunusa-Ari cannot be said to be valid.

He said the decision of INEC to file action against any person involved in Dahiru’s April 15 declaration as winner of the supplementary poll in the state when the tribunal was yet to determine the petition of his client, would deprive her of Section 285(6) of the law which gives 180 days within which the petition filed on May 6 should be dispensed with.

The senior lawyer, who informed the court that though a similar suit was earlier filed before Justice Inyang Ekwo where a judicial review of INEC’s action was sought, he said the sister court ordered Binani to approach a tribunal with her suit, having being an election-related matter.

He said an undertaking had been signed to prove to the court that the present suit was not frivolous.

He said in the undertaking, they were ready to face any cost should the court found the case to be frivolous.

After listening to Aondoakaa, Justice Okorowo ordered the parties to maintain status quo ante bellum pending the hearing and determination of the matter.

The judge, who adjourned the matter until July 18 for hearing, ordered the respondents to show cause while the reliefs sought by Dahiru, popularly called “Binani”, should not be granted.

.What could have given the REC the audacity to usurp the role of the state returning officer? Look no further than the INEC chairman, Professor Mahmood Yakubu’s disregard to the complaints by the opposition parties at the national collation centre in Abuja after the February 25 presidential election.

Recall that the opposition parties had alleged manipulation of the collation process and the INEC chairman had promised to look into their complaints. He never addressed those complaints before declaring the presidential candidate of APC Asiwaju Bola Tinubu the winner, while the aggrieved were told to go to court.

It seems the Adamawa REC was working with the same template. Like a son imitating his father (INEC chairman), Hudu Ari announced Binani as the winner expecting the incumbent governor and the PDP to go to court if they are unsatisfied.