A high court in Yola, the capital of Adamawa State, has rejected an application by Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), to suspend the trial against him. Judge Benjamin Manji dismissed Yunusa-Ari’s request to halt proceedings indefinitely while awaiting the outcome of an appeal filed at the Yola Court of Appeal.
The appeal, heard on January 21, challenges the trial court’s jurisdiction and alleges bias. Yunusa-Ari’s lawyer, M. K. Tijjani, argued that once an appeal is filed, the appellate court takes full jurisdiction over the case, invoking Order 4 Rule 11(1) of the 2021 Court of Appeal Rules. Tijjani requested that the trial court adjourn the case indefinitely.
However, L. D. Nzadon, representing the Adamawa state government, opposed the motion, arguing that the cases cited by Yunusa-Ari’s lawyer were civil matters, while this case involves a criminal trial. Judge Manji ruled that the decision to stay proceedings must be made judiciously and in line with the law, emphasizing that the Administration of Criminal Justice Law (ACJL) does not allow the suspension of a criminal trial for any reason.
The controversy surrounding Yunusa-Ari began in April 2023, during the Adamawa governorship election. Yunusa-Ari prematurely declared Aisha ‘Binani’ Dahiru, the APC candidate, as the winner of the supplementary election while the result collation was still in progress. INEC annulled the declaration, citing it as invalid, and summoned Yunusa-Ari to its Abuja headquarters. The commission later referred the matter to the police for prosecution.
On April 20, 2023, then-President Muhammadu Buhari approved Yunusa-Ari’s suspension, pending a police investigation. By July 6, INEC had filed six criminal charges against him at the Yola High Court.
