The candidate of the All Progressives Congress (APC), Senator Aisha Binani Dahiru, has filed a motion exparte before the Federal High Court in Abuja.
In the application, she is seeking the leave of the court for a judicial review of the Administrative decision of the Independent National Electoral Commission (INEC) on April 16th in respect of her declaration as winner of the governorship elections of Adamawa state held on March 18 and the supplementary elections of April the 15th.
Binani is also seeking an order of prohibition and certiorari preventing INEC and it’s agent from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
In the grounds under which the application is brought, Binani stated that after the collation of results, INEC declared her as the winner of the elections but the People Democratic Party (PDP) and its candidate Governor Ahmadu Fintiri who resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC staff.
This crisis, she says, led INEC to cancel the initial declaration which it had no power to do as only the election petition tribunal is vested with such powers.
By cancelling her declaration, Senator Binani contends that INEC usurped the powers of the election petition tribunal which is the only court vested with powers on a declaration from the conduct of an election.
In the documents put before the court, Senator Binani through her lawyers led by Senior Advocate of Nigeria, Hussaini Zakariyau, says a judicial review exists 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.
