A High Court, sitting in Yola, the Adamawa State capital, has on Thursday, issued an order restraining the Independent National Electoral Commission, INEC, from conducting the supplementary Governorship election, in the State.
Justice Abdulaziz Waziri, of the State High Court, gave the order, following a motion exparte, filed by the Movement of Restoration for Defence of Democracy, MRPD, claiming that its party logo was excluded from the ballot paper for the March 9, Governorship election, recently conducted in the State.
However, a Seasoned Constitutional Lawyer, Sunday Wugiri, disclosed that “though the order is valid for now, the court lacks jurisdiction to grant it”.
“Only a Federal High Court can entertain any matter that concerns Federal Institutions like INEC”, he added.
Recall, that at a Press briefing, in Yola, on Wednesday, the Peoples Democratic Party, PDP, had accused Governor Jibrilla Bindow, of planning to use the MRPD to scuttle the supplementary election, through unnecessary legal bottlenecks.
“It has come to our attention, the desperate moves by the Leadership of Adamawa State Government, to upturn the mandate of the people”, it had said.
“One of the alleged moves, is to lobby the Presidency to cause the State High Court to slam INEC with an order of injunction, restraining the Electoral body from conducting the supplementary election, and cancel the entire elections.
“They intend to use a Governorship Candidate, who allegedly claimed that the logo of his party was omitted on the ballot in the last Governorship election, to file a case before the State High Court.”
However, Kashim Gaidam, the Resident Electoral Commissioner, REC, of INEC, reacted thus: “For your information, court orders cannot stop elections.
“Having said that, only INEC at the National Office, can respond to any matter involving court orders.”