An application to stop the legal action against the embattled and suspended resident electoral commissioner (REC) of the Independent National Electoral Commission (INEC), Hudu Yunusa-Ari, has been dismissed by a High Court in Yola Adamawa State Capital.
Benjamin Manji, the presiding judge, rejected Hudu’s plea to stay proceedings indefinitely pending the judgment of an appeal filed at the Yola Court of Appeal.
The appeal, heard on January 21, challenges the trial court’s jurisdiction and raises concerns of alleged bias.
Citing order 4 rule 11(1) of the Court of Appeal Rules, 2021, Hudu, through his counsel, M. K. Tijjani, argued that the trial court should adjourn the matter sine die (indefinitely).
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Tijjani argued that once an appeal is entered, the appellate court assumes full jurisdiction over the case.
However, L. D. Nzadon, counsel to the Adamawa state government, opposed the application.
Nzadon submitted that all the cases cited by Hudu’s counsel were civil, whereas the matter before the court was a criminal trial.
In his ruling, Manji affirmed that the discretion to stay proceedings must be exercised judicially and judiciously.
He noted that the Administration of Criminal Justice Law (ACJL) explicitly prohibits halting a criminal trial under any guise.
THE ADAMAWA GUBER CONTROVERSY
In April 2023, Yunusa-Ari declared Aisha ‘Binani’ Dahiru, candidate of the All Progressives Congress (APC) in the Adamawa governorship election, as the winner of the supplementary poll when the collation of the results was yet to be completed.
However, INEC declared the announcement null and void and summoned the REC to its headquarters in Abuja.
Subsequently, the commission wrote to the police to prosecute Yunusa-Ari over the electoral infraction.
On April 20, former President Muhammadu Buhari approved the suspension of the Adamawa REC pending the completion of an investigation by the police.
On July 6, INEC filed a six-count charge against Yunusa-Ari before a high court in Yola.
