APC’s Senator Aisha Binani Dahiru has taken legal action against the Independent National Electoral Commission (INEC) over the voiding of her declaration as the winner of the Adamawa State governorship election held on March 18 and the supplementary poll of April 15, 2023. Senator Dahiru argues that INEC has no power to cancel a candidate’s declaration as the winner of an election, and that the power lies with the election tribunal. She is seeking a judicial review of INEC’s decision and a court order to stop INEC and its agents from taking further steps towards the declaration of a winner until the determination of her application.
According to the Senator, after the collation of results, INEC declared her the winner of the election, but the Peoples Democratic Party (PDP) and its candidate, Governor Ahmadu Fintiri, resorted to fighting and causing a public disturbance, leading to the beating and manhandling of an INEC officer. She argues that INEC had no power to cancel her declaration, and that the election petition tribunal is the only court vested with such powers.
Senator Dahiru contends that INEC had usurped the powers of the election petition tribunal by cancelling her declaration, and that only a court can nullify the actions of an INEC official, not INEC itself. She further submits that a judicial review exists to enable a superior court to check the actions and decisions of inferior courts as well as the legislative and administrative arms of government, including agencies and public officers. She believes that INEC, being an agency of the government, can have its actions, records, and decisions checked by the court.
The drama in the Adamawa State governorship election continues to unfold, and the legal battle between Senator Dahiru and INEC will be closely watched as it unfolds.
