A Federal High Court, Abuja has fixed February 1 for judgment in a suit filed by Hudu Yunusa-Ari, the suspended Resident Electoral Commissioner of the Independent National Electoral Commission in Adamawa State, to seek for protection against arrest, detention or harassment by the police and others.
Justice James Omotosho fixed the judgment date in order to reduce the workload on the docket of the court.
When the matter was called for judgment, Justice Omotosho made an announcement of some cases, including Hudu-Ari’s matter, for adjournment.
Counsel for all the parties, including Emeka Ozoani (SAN), who appeared for INEC, unanimously agreed to the February 1 date.
Recall that the suspended REC had, in a suit marked: FHC/ABJ/CS/563/2023, sued the Inspector-General of Police and Nigeria Police Force as 1st and 2nd respondents.
Also joined in the suit filed by his lawyer, Jibrin Okutepa (SAN), were the Attorney-General of Federation and Minister of Justice, Director of the Department of State Services and INEC as 3rd to 5th respondents respectively.
Yunusa-Ari, who sought eight reliefs, prayed an order of perpetual injunction restraining the respondents from arresting, detaining or causing his arrest or detention, harassment or intimidation for carrying out his lawful duties as the INEC REC in Adamawa State during the supplementary governorship election held in the state on April 15, 2023.
He also sought an order directing the respondents to publish an apology in two national dailies “for the unlawful and unconstitutional media trials and negative press interviews, press statements/release, social media posts, publications etc against” him for carrying out his lawful duties as INEC REC.
Giving six grounds, he said he was the REC during the February 25, 2023 and March 18, 2023 general election, including the supplementary poll on April 15, 2023.
He said after the general election, he issued an interim report, which raised a lot of criminal issues against security agencies and some INEC staff.
He said the respondents only considered part of his report, leading to the conduct of a supplementary governorship and House of Assembly elections on April 15, 2023 in the state.
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He averred that upon the conclusion of the supplementary poll, he wrote his report and to his total shock and dismay, instead of investigating the persons named in his report and the issues raised in the said report, the respondents had continuously embarked on media trials against him.
Yunusa-Ari alleged that the respondents and their agents, without any valid judgment and conviction by a competent court, had made several press and social media pronouncements against him that he was guilty of a criminal offence in the performances of his lawful duties as INEC REC.
He described the acts as “a gross violation of his constitutional right to fair hearing.”
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