The supplementary gubernatorial election in Adamawa State originally scheduled for this Saturday, March 23, has been put off indefinitely as the state high court in Yola, which granted an injunction against it last week, has extended the injunction and fixed Tuesday March 26, to rule on arguments on the case.
The court, ruling last week on a suit by the gubernatorial candidate of Movement for Restoration and Defence of Democracy (MRDD), Eric Theman, who filed a complaint that his party logo was omitted from the ballot paper for the March 9 gubernatorial election, had granted an interim injunction against the March 23 supplementary gubernatorial election pending further hearing on the case.
At the court’s resumed sitting Thursday, the presiding judge, Justice Abdulazeez Waziri, maintained that the court order barring INEC from conducting the supplementary polls remain in force till next Tuesday when he will rule on the case after due considerations of arguments by counsels of parties to the case.
Earlier while appearing before the court, Joseph Gadzama (SAN), counsel to the PDP candidate, Ahmadu Fintiri, had filed a motion for Fintiri to be joined in the suit. Also counsel to the PDP, Okechukwu Udeze (SAN), also applied for PDP to be joined in the suit.
Barrister Adeyemi Pitan, counsel to MRDD and Eric Theman, however opposed the motion of the two parties on grounds that the two applications were not served on him in due time.
Lead counsel to INEC, Tanko Inuwa (SAN), prayed the court to discharge the injunction against the supplementary election as the court has no jurisdiction to entertain the case.
Citing section 25 sub section 1 of the constitution, he said, “INEC being a federal organ, challenging its decision should be through a federal high court, not a state high court.”
Inuwa even faulted the resort to court action, saying that the issues being canvassed before the court, touched on the conduct of elections and that section 285 subsection 2 of the constitution places conduct of election in the purview of election tribunals.
The March 26 session of the court is expected to rule on these arguments and possibly make the path for the governorship election in Adamawa State clear.
