The Independent National Electoral Commission has concluded arrangements to put the suspended Adamawa Resident Electoral Commissioner (REC) Barrister Hudu Yunusa Ari, on trial for a six-count charge in Yola, Adamawa state on July 12, 2023.

A statement from INEC National Commissioner on Information and Voter Education, Barrister Festus Okoye on Thursday said “Having reviewed the case file from the Police which established a prima facie case against Barr Hudu Yunusa Ari, the Commission has file a six-count charge against him at the Adamawa state High Court sitting in Yola. Consequently, the Court has fixed Wednesday 12th July 2023 for commencement of trial”

The suspended REC was recently spotted in Saudi Arabia performing the Hajj leading to uproar in the social media on why his travelling documents were not seized by the Police.

According to Mr. Okoye, “as provided by section 145(1) of the Electoral Act 2022, an offence committed under the Act shall be triable in a Magistrate Court or High Court of State in which the offence is committed or the Federal Capital Territory, Abuja.

“Furthermore, section 145 (2) of the Act provides that a prosecution under the Act shall be undertaken by Legal Officers of the Commission or any other Legal Officer appointed by it. The Commission is working with the Nigeria Bar Association (NBA) for diligent prosecution of other cases.

The REC was suspended for declaring the candidate of the APC winner of the governorship election contrary to the stipulated laws which vests such powers in the Gubernatorial election Returning Officer. The declaration was immediately countered by INEC which declared the action as “null, void, and of no effect” due to the contravention of the electoral laws. This is contrary to the Sections 64 & 65 of the Electoral Act 2022 and the established standard practice where the State Returning Officer is expected to announce the results and declare a winner.

The state was thrown into a state of confusion and near anarchy when the Resident Electoral Commission, Yunusa Hudu Ari, declared the governorship candidate of the APC Senator Aishatu Dahiru Ahmed, also known as Binani winner of the Adamawa governorship election, without giving a breakdown of the results.

The Independent National Electoral Commission intervened in the state of confusion by suspending the collation of results and summoning everyone involved in the process including the REC to Abuja.

In a statement by the National Commissioner, for Information and Voter Education, Festus Okoye, INEC stated that “the action of the REC is a usurpation of the power of the Returning Officer. It is null, void, and of no effect.

Consequently, the collation of the results of the supplementary election was suspended. Days after the collation resumed from where it was suspended and at its completion, the incumbent governor and candidate of the PDP was declared winner of the election.

Prosecution of 215 Electoral offenders

Doing a post-mortem report a few days ago, the INEC Chairman reiterated the commission’s determination to prosecute the indicted people who participated in electoral malpractices, adding that the commission is working with the Nigerian Bar Association (NBA) to seek legal assistance on the prosecution of the offenders.

The Electoral boss also stated that the commission has received a report of the police investigation on the embattled Resident Electoral Commissioner in Adamawa state, Hudu Ari, who was arrested during the state election for declaring the candidate of the All Progressives Congress, Aisha ‘Binani’ Dahiru, as the winner of the poll without adhering to the commission’s regulations.

“We are presently looking at all the evidence of infractions during the election, including the prosecution of offenders. We are looking at the activities of all actors involved in the election, including some of our high-ranking officials. I can confirm that the Nigeria Police concluded its investigation of the conduct of our Resident Electoral Commissioner in Adamawa State and submitted the case file to us. Appropriate action will be taken in a matter of days and Nigerians will be fully informed.

“I can also confirm that we have received 215 case files from the Nigeria Police following their arrest and the conclusion of investigation into electoral offences arising from the 2023 General Election. We are working with the Nigerian Bar Association (NBA) to prosecute the alleged offenders. Already, the NBA has submitted a list of 427 lawyers across the country who have volunteered to render pro bono services to the Commission. They are not charging legal fees but by mutual agreement the Commission will provide a token amount to cover for filing fees/expenses.

“We are most grateful to NBA and its President, Yakubu Maikyau SAN, for this historic collaboration. Similarly, we are working with the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices Commission (ICPC) on the prosecution of cases relating to vote buying and associated violations.