Court rejects suspended INEC request to stop criminal trial

Keep up with the latest news and be part of our weekly giveaways and airtime sharing; follow our WhatsApp channel for more updates. Click to Follow us

The Adamawa State High Court in Yola has denied an application from Hudu Yunusa Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), to suspend proceedings in his ongoing case.

In his ruling, Justice Benjamin Lawan Manji rejected Hudu’s request for an indefinite stay of proceedings while awaiting the outcome of an appeal filed at the Yola Court of Appeal.

The appeal, heard on January 21, 2025, challenges the trial court’s jurisdiction and raises allegations of bias.

Hudu’s attorney, M. K. Tijjani, argued that once an appeal is filed, the appellate court assumes full jurisdiction, which necessitates an indefinite adjournment of the case by the trial court. He referenced Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, to support his argument that both courts cannot exercise jurisdiction simultaneously.

In contrast, Chief L. D. Nzadon, the counsel for the Adamawa State Government, opposed the application, asserting that Section 307 of the Administration of Criminal Justice Law (ACJL) of Adamawa State, 2018, prevents the court from granting such a request. He also pointed out that the cases cited by Hudu’s lawyer were civil, while the present matter concerns a criminal trial.

In his ruling, Justice Manji stressed that the power to stay proceedings should be exercised cautiously and in line with the law.

He highlighted that the ACJL explicitly forbids the suspension of criminal trials and found no strong grounds to support the application.

As a result, the substantive criminal trial against the suspended INEC REC will continue in the Adamawa State High Court.

Please don’t forget to “Allow the notification” so you will be the first to get our gist when we publish it. 
Drop your comment in the section below, and don’t forget to share the post.