Senator Binani in Court seeking to quash INEC action invalidating her victory
The All Progressives Congress APC Gov’ship candidate Senator Aisha Binani Dahiru, in the Adamawa State March 18 governorship election and April 15 supplementary election has approached the Federal High Court for an order to quash action by Independent National Electoral Commission (INEC) invalidating her victory as winner of the election.
Binani had on Monday approached the court for leave to file an application for judicial review of the administrative decision of the Independent National Electoral Commission, (INEC) made 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 15.
The application for leave to bring the application for judicial review was contained in an exparte application filed on April 17, 2023.
However, when the matter was called on Tuesday, Justice Inyang Ekwo told Benani’s lawyer, Mr Mohammed Sherif to first address the court on issues of jurisdiction.
According to the court, Benani is to filed her address on whether the court has jurisdiction to hear the application within two days.
Although, one Hafis Matonmi had announced appearance for Governor Ahmadu Fintiri, candidate of the People’s Democratic Party (PDP), the court however declined to hear him on the grounds that he has not been served with court processes on the matter.
Senator Binani alongside her party the APC are in the application seeking for an order of Prohibition and Certiorari preventing the electoral umpire and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.
Sued with the Commission are the People’s Democratic Party (PDP) and its governorship candidate, Ahmadu Fintiri listed as 1st, 2nd and 3rd defendants respectively.
The application which was brought pursuant to order 34 Rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (civil procedure rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Section 149 & 152 of the Electoral Act, 2022.
In the grounds upon which the application was brought, the senator argued that “the only court with power on a declaration made from the conduct of an election is only the Election petition Tribunal set up by the 1999 Constitution”.
According to her, after the completion of vote in the supplementary governorship election of April 15, and the subsequent collation of same results, INEC “declared her as the winner of the gubernatorial election and was thereby returned as elected.
The applicants said pursuant to the declaration any dissatisfied candidate is to resort to the tribunal for redress if any.
She faulted the cancellation of her declaration on April 16 based on some crisis caused by the PDP and its candidate Governor Ahmadu Fintiri, stressing that INEC “has no powers to cancel or declare the declaration as been made as null and void”.
Adding that,” INEC after the declaration of Senator Aisha Dahiru Ahmed as the winner usurped the powers of the Election Petition Tribunal and declare the declaration null and void.
“The 1st respondent does not have the requisite powers to declare an election in which the winner has been declared null and void”.
Binani through her lawyers led by Hussaini Zakariyau, SAN, submitted that a judicial review exists to enable the superior court checkmate the actions and decisions of inferior courts as well as the legislative and administrative arm of government including agencies and public officers.
The applicant further submits that INEC being an agency of the government can have its actions, records and decisions checked by the court and only a court can nullify the actions of an INEC official and not INEC itself.
APM’S petition against my election is dead , it died May 26, Tinubu tells Court.
President Bola Ahmed Tinubu on Tuesday in Abuja informed the Presidential Election Petition Court (PEPC) that the petition filed by the Allied People’s Movement (APM) against him and his Vice, Kashim Shetima victory is dead by the Supreme Court decision on May 26, 2023.
Tinubu said that the main issues raised by the petitioner queried ‘place holder’ by Kabir Masari and Vice President Kashim Shettima’s alleged double nomination and that the issues have been resolved by the Supreme Court last Friday in a judgment in the suit marked SC/CV/501/23 between the People’s Democratic Party PDP Vs INEC and 3 others.
He gave the information at the resumed hearing through his lawyer, Chief Wole Olanipekun, SAN , on Tuesday. He disclosed that the PDP’S case had resolved the grievances brought before the Court by the Allied People’s Movement.
Recall that the Supreme Court had on Friday held that PDP, or any other parties, have no right to poke nose into how other parties conducted their primary elections and nominated their candidates.
The Apex Court while dismissing PDP’S case described the party as busy body and meddle some interloper and imposed a fine of N2M on the party for meddling into the internal affairs of the All Progressives Congress (APC).
Olanipekun argued that the APM’S petition was similar to the case taken to Supreme Court by PDP that was dismissed on the grounds that PDP has no locus standi (legal right) to bring the action in the first place.
He submitted that the APM’S petition is predicted on internal affairs of the APC and that the Supreme Court’s latest judgment had taken life out of the petition.
He promised to make a copy of the judgment available within two days to the Court for perusal on the effects on the APM’S Petition.
Counsel to the APM, Mr Sheu Abubakar said he has not seen the judgment the respondents counsel was referring to and requested for adjournment in the hearing of the petition based on the submissions and revelations of Chief Wole Olanipekun, SAN.
Prince Lateef Fagbemi SAN who stood for the All Progressives Congress (APC) and Abubakar Mahmoud SAN who appeared for the Independent National Electoral Commission (INEC) did not object to the request for adjournment sought by the APM.
Chairman of the Court, Justice Haruna Simon Tsammani granted the request for adjournment and shifted hearing till Friday, June 2.
Fuel Subsidy: Osun Govt threatens to seal stations hoarding petrol
The government of Osun state has warned filling stations against hoarding petroleum products in the state.In a statement signed by the state’s governor spokesman, Olawale Rasheed on Tuesday, the govt threatened to seal filling stations found guilty and prosecute the operators.The removal of fuel subsidy by President Bola Tinubu during his inaugural speech at Eagle Square on Monday, immediately after he was sworn in.“Any fuel station found guilty of hoarding fuel to create artificial scarcity shall be sealed off and operators prosecuted for the crime of economic sabotage,” Adeleke said.It added that the removal of fuel subsidy by Tinubu has caused unnecessary hardship for the people of the state.“This deliberate action is not only inhumane but unpatriotic and will not be allowed by the government. To this end, the Special Monitoring Team on fuel scarcity set up by His Excellency, Governor Ademola Nurudeen Jackson Adeleke headed by the Chief of Staff, Hon Kazeem Akinleye is still effective and shall not condone any form of economic sabotage.“As from today, May 30, 2023, the Committee shall begin special monitoring of all the filling stations across the state in collaboration with law enforcement agencies and other stakeholders,” it added.However, the Nigerian National Petroleum Company Limited has supported the decision of Tinubu on the removal of fuel subsidy.The head of the company, Mele Kyari explained that the company had been spending a significant portion of its profits on the product subsidy.However, he assured Nigerians that there was no need for panic buying as the company had enough product to supply the country for the next 30 days.
Fuel Hike: Tinubu’s thoughtless announcement responsible – Sowore
Omoyele Sowore, the presidential candidate of the African Action Congress, AAC, in the February 25 presidential election has lashed out at President Bola Tinubu. This followed Tinubu’s decision to end fuel subsidy. Reacting to the resurfacing of queues, Sowore said that Tinubu’s “thoughtless fuel subsidy removal announcement triggered fuel scarcity and price gouging all over the country.” Recall that marketers and operators have increased petrol pump prices to N210-N500 per litre, following the confirmation of fuel subsidies removal by Tinubu’s administration. In a post via his verified Twitter handle on Tuesday, Sowore claimed that the nation’s elites don’t care about Nigerians. He wrote, “Asiwaju Bola Ahmed Tinubu @officialABAT thoughtless fuel subsidy removal announcement has already triggered fuel scarcity and price gouging all over Nigeria. This is why Nigerians must understand that nothing good will come out the Nigerian Elite-in and out- of power. They’re always after you. They don’t care about you! #Revolutionnow.”
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