…Any case before a law court must either be determined or dismissed or struck out. If a case is withdrawn, the judge would dismiss it for the withdrawal to take effect…
…Binani’s withdrawal is to avoid abuse of Court Process because she will file a case at the election petition tribunal…
The governorship candidate of the All Progressives Congress (APC) in Adamawa State, Senator Aisha Dahiru Ahmed, a.k.a Binani has withdrawn the suit jointly filed by her and the APC against INEC, PDP and Ahmadu Umaru Fintiri at the Federal High Court in Abuja.
The lead Counsel of the APC, Hussaini Zakariyau (SAN) Wednesday, at the hearing, relayed to the court the discontinuance of the case against 1st, 2nd and 3rd respondents and prayed the court to strike out the suit, pursuant to the prayer, in his ruling, the presiding Judge, Justice Inyang Ekwo dismissed the suit.
Recall that Sen Binani and APC had on April 17, filed a motion exparte before the Federal High Court in Abuja seeking to stop the INEC from nullifying her declaration as winner of the governorship election held on March 18 and the supplementary poll of April 15.
A copy of 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.
The appellants also sought an order of prohibition and certiorari preventing INEC and its agents from taking any further steps towards the declaration of the winner of the election pending the determination of the application for judicial review.
Binani’s withdrawal of the case should not be celebrated by the PDP Fintiri supporters who are misled by the media mischief in interpreting or misreporting the court process. The withdrawal is simply to avoid abuse of Court Process as the case will be filed before the election petition tribunal, where the actual desperation will be defined and the desperado will be identified.
Already REC Hudu Yunusa Ari has revealed his positive position in declaring Binani as the winner of the governorship election in Adamawa state, where he indicted Two INEC officials and the PDP governorship candidate for compromising to corruption to twist the fate of the election by declaring the vanquished as the victor; to achieve this, victimisation was considered.
To deny REC Ari’s allegation, the reason for pouncing on the INEC official and DSS official like pounded yam, the humiliating incident as revealed via a viral video should have to be established.
There are however investigations going on to that effective the same way the considerations for filing the case before the election petition tribunal by APC’s Binani and the SDP governorship candidate, Dr Umar Ardo.