The court orders INEC and the AGF to maintain the status quo concerning the trial of the suspended Adamawa State REC.
The Federal High Court, Abuja, on Monday, ordered a stay of action regarding the charges that the Independent National Electoral Commission (INEC) filed against the suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, over his illegal declaration of results of the last governorship election in Adamawa State.
The judge, Donatus Okorowo, ordered INEC and the Attorney-General of the Federation, jointly sued in the fresh case, to maintain the status quo in a ruling on Monday.
The event that constitutes the status quo in a case is usually an issue of dispute between the lawyers representing opposing sides of a dispute.
As is likely to happen in this case, lawyers often come up with conflicting interpretations to suit their client's interests.
Mr Yunusa-Ari had usurped the powers of the INEC Returning Officer in the state to declare Aisha Dahiru, also known as Binani, of the All Progressives Congress (APC) candidate, as the winner of the last governorship election in Adamawa State.
But the Returning Officer would later declare Ahmadu Fintiri of the Peoples Democratic Party (PDP) as the winner of the election after the proper collation of the results of the supplementary poll held on 15 April.
The main election, which was earlier held on 18 March, was declared inconclusive because a clear winner did not emerge.
INEC announced Thursday that it had filed six charges at the Adamawa State High Court in Yola, the state capital, against Mr Yunusa-Ari, after the police concluded their investigations into the matter.
Following the development, Ms Dahiru filed an ex parte application at the Federal High Court in Abuja to stop Mr Yunusa-Ari's trial.
Hearing, ruling
Her lawyer, Michael Aondoakaa, a Senior Advocate of Nigeria, moved the application on Monday, arguing that allowing the trial to proceed could jeopardise her case, challenging the election outcome at the election petition tribunal.
In the ex-parte motion marked: FHC/ABJ/CS/935/2023, Mr Aondoakaa 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 Mr Yunusa-Ari cannot be said to be valid.
The senior lawyer recalled that his client had obeyed the order of Inyang Ekwo, another judge of the Federal High Court in Abuja, which advised Ms Dahiru in an earlier related case to approach the constituted election petition tribunal to vent her grievances about the election and declaration of its results.
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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 find the case to be frivolous.
He added that until the election petition tribunal decides his client's fate in accordance with section 149 of the Electoral Act, 2022, the prosecution of Mr Yunusa-Ari cannot be said to be valid.
INEC and the AGF office did not participate in the hearing as it involved an ex parte-application which usually excluded the adverse parties' from making submissions.
After listening to Mr Aondoakaa, the judge, Mr 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 18 July for a hearing, ordered the respondents to show cause why the prayers sought by Ms Dahiru should not be granted.
