A federal high court sitting in Abuja has restrained the Independent National Electoral Commission (INEC) from prosecuting Hudu Yunusa-Ari, the suspended Adamawa State Resident Electoral Commissioner (REC). 

Yunusa-Ari raised eyebrows during the state’s gubernatorial election when he declared the All Progressives Congress (APC)’s Aisha Binani Dahiru winner when collation of results was still ongoing. INEC nullified his announcement and summoned him to its headquarters in Abuja. He was subsequently arrested.

On Thursday, INEC told the court the commission had filed a six-count charge against Yunusa-Ari in Yola. The commission said the matter was scheduled to come up in a high court on July 12 for trial.

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However, Binani, in an ex-parte motion marked FHC/ABJ/CS/935/2023, moved to stop Yunusa-Ari’s prosecution.

Michael Aondoaka, Binani’s counsel, argued before the court 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 Yunusa-Ari should be invalid.

He said INEC’s suit would affect the case at the tribunal.

Donatus Okorowo, presiding judge, ordered all parties to stay action pending the determination of the matter. The matter was adjourned until July 18.