Binani controversy: Suspended Adamawa REC loses bid to stop trial
By Jeffrey Agbo
A High Court in Yola, Adamawa State has dismissed an application by Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), seeking to halt his ongoing trial.
Presiding Judge Benjamin Manji rejected Yunusa-Ari’s request to stay proceedings indefinitely, pending the outcome of his appeal at the Yola Court of Appeal. The appeal, heard on January 21, challenges the trial court’s jurisdiction and alleges bias.
Citing Order 4, Rule 11(1) of the Court of Appeal Rules (2021), Yunusa-Ari’s counsel, M.K. Tijjani, argued that once an appeal is entered, the appellate court assumes full jurisdiction, necessitating an adjournment of the trial sine die (indefinitely).
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However, counsel for the Adamawa State Government, L.D. Nzadon, opposed the application, arguing that the cases cited by Yunusa-Ari’s counsel were civil, whereas the current case is a criminal trial.
In his ruling, Justice Manji emphasised that the discretion to stay proceedings must be exercised judiciously. He noted that the Administration of Criminal Justice Law (ACJL) explicitly prohibits the suspension of a criminal trial under any circumstances.
Yunusa-Ari sparked controversy in April 2023 when he declared Aisha ‘Binani’ Dahiru, the All Progressives Congress (APC) candidate in the Adamawa governorship election, as the winner of the supplementary poll—despite the collation of results not being completed.
INEC swiftly nullified the announcement and summoned the REC to its headquarters in Abuja. The commission later referred the matter to the police for prosecution.
On April 20, 2023, then-President Muhammadu Buhari approved Yunusa-Ari’s suspension pending the completion of the police investigation.
By July 6, INEC filed a six-count charge against the suspended REC before a Yola High Court, marking the beginning of his ongoing legal battle.
