The Governorship Candidate of the All Progressives Congress in Adamawa State, Sen. Aishatu Dahiru Ahmed (Binani) has withdrawn a suit against the Independent National Electoral Commission (INEC), the Peoples Democratic Party (PDP) and Governor Ahmadu Fintiri.
She had asked a Federal High Court in Abuja to stop the Independent National Electoral Commission from announcing any other results of the governorship poll in the state.
Apart from INEC, the order respondents in the suit are the Peoples Democratic Party (PDP) and Governor Ahmadu Fintiri.
She said she was declared as the Governor-Elect by INEC which cannot be voided again.
But on April 25th 2023, she filed a notice of discontinuance through her counsel, Hussaini Zakariyau (SAN).
The counsel said: “We, by way of Notice of Discontinuance, discontinued our suit at the Federal High court.
” The withdrawal was pursuant to Order 50 Rule 2 of the Federal High Court (Civil Procedure Rules,2019 which provides for (Discontinuance of action without leave.
” Our Counsel only attended the Court out of respect to sanctity of the Court and the Judge acknowledged and relied on the notice to discontinue the case, in which nothing was considered or decided on the merit at all.”
She said pursuant to her declaration as the Governor-Elect, “any dissatisfied candidate is to resort to the tribunal for redress if any.”
The action was filed pursuant to Order 34 Rules 1(a), Section 251 of the 1999 Constitution, sections149 and 152 of the Electoral Act 2022.
She said the “only court with the power on a declaration made from the conduct of an election is only the Election Petition Tribunal set up by the 1999 Constitution (as amended).
But INEC went ahead to conduct supplementary elections in Adamawa State and declared Fintiri elected.
There were indications that Binani might challenge victory at the Election Petitions Tribunal in the state.
