A high court in Yola, the Adamawa state capital, has dismissed an application by Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), to halt the case against him. The presiding judge, Benjamin Manji, rejected Yunusa-Ari’s request to stay proceedings indefinitely, pending the judgment of an appeal filed at the Yola court of appeal.
The appeal, heard on January 21, challenges the trial court’s jurisdiction and raises concerns about alleged bias. Yunusa-Ari’s counsel, M. K. Tijjani, cited order 4 rule 11(1) of the court of appeal rules, 2021, arguing that once an appeal is entered, the appellate court assumes full jurisdiction over the matter. Tijjani urged the trial court to adjourn the case sine die (indefinitely).
However, L. D. Nzadon, representing the Adamawa state government, opposed the application, arguing that all the cases cited by Yunusa-Ari’s counsel were civil, whereas the current matter is a criminal trial. Judge Manji ruled that the discretion to stay proceedings must be exercised judicially and judiciously. He emphasized that the Administration of Criminal Justice Law (ACJL) prohibits halting a criminal trial under any guise.
The controversy surrounding Yunusa-Ari began in April 2023, during the Adamawa governorship election. Yunusa-Ari declared Aisha ‘Binani’ Dahiru, the All Progressives Congress (APC) candidate, as the winner of the supplementary poll while collation of the results was still ongoing. INEC nullified the announcement, declaring it invalid and summoning Yunusa-Ari to its headquarters in Abuja. The commission subsequently referred the case to the police for prosecution.
On April 20, then-President Muhammadu Buhari approved Yunusa-Ari’s suspension, pending the completion of a police investigation. By July 6, INEC had filed a six-count charge against Yunusa-Ari at the high court in Yola.
