The Adamawa State High Court in Yola has dismissed an application filed by the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), Hudu Yunusa Ari. Ari had sought to stop the ongoing trial against him, but the court ruled that the case must proceed.
Justice Benjamin Lawan Manji, who presided over the case, ruled against Ari’s request to indefinitely suspend proceedings. The suspended INEC official had filed an appeal at the Yola Court of Appeal, challenging the trial court’s jurisdiction and alleging possible bias.
His legal team, led by M. K. Tijjani, argued that once an appeal has been entered, the lower court should no longer preside over the case. They cited Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, which they claimed prevents both the appellate and trial courts from handling the case at the same time.
However, the Adamawa State Government’s counsel, Chief L. D. Nzadon, opposed the application. He pointed to Section 307 of the Administration of Criminal Justice Law (ACJL) of Adamawa State, 2018, which he said does not allow the court to halt a criminal trial. He also noted that the cases referenced by Ari’s lawyer were civil matters, while this particular case was criminal.
Justice Manji, in his ruling, noted that a court has the discretion to stay proceedings, but such discretion must be used properly. He further stated that the ACJL clearly prohibits stopping a criminal case under any circumstances. Since Ari’s legal team failed to provide strong reasons to justify their request, the court dismissed the application.
