A High Court in Yola, Adamawa State, has rejected an application by Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), who sought to halt his ongoing trial.
Justice Benjamin Manji, who presided over the case, dismissed Yunusa-Ari’s request to indefinitely suspend proceedings while he awaits the outcome of his appeal at the Yola Court of Appeal. The appeal, which was heard on January 21, challenges the trial court’s authority to hear the case and also claims the judge is biased.
Yunusa-Ari’s legal representative, M.K. Tijjani, argued that according to Order 4, Rule 11(1) of the Court of Appeal Rules (2021), once an appeal has been filed and entered, the appellate court takes full control of the matter. He stated that this should mean the ongoing trial must be adjourned indefinitely.
However, the Adamawa State Government’s counsel, L.D. Nzadon, opposed this argument, pointing out that the cases referenced by Yunusa-Ari’s team were civil matters, while this particular trial is criminal.
In his ruling, Justice Manji noted that the power to pause a trial must be used wisely and only when necessary. He also stated that under the Administration of Criminal Justice Law (ACJL), there is no provision allowing the suspension of a criminal case for any reason.
Yunusa-Ari has been at the center of controversy since April 2023 when he announced Aisha ‘Binani’ Dahiru, the All Progressives Congress (APC) candidate, as the winner of the Adamawa governorship supplementary election. His declaration was made before the collation of results was completed, sparking immediate backlash.
Following this, INEC swiftly overturned the announcement and directed Yunusa-Ari to report to its headquarters in Abuja. The commission later forwarded the case to law enforcement for further action.
On April 20, 2023, then-President Muhammadu Buhari approved Yunusa-Ari’s suspension while the police conducted their investigation. By July 6, INEC filed a six-count charge against him in a Yola High Court, officially setting his legal battle in motion.
