- Counsel for the Adamawa State Government opposed application
The Adamawa State High Court in Yola has rejected an application by Hudu Yunusa Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), seeking to halt proceedings in his ongoing case.
Justice Benjamin Lawan Manji, in his ruling, dismissed Hudu’s request for an indefinite stay of proceedings, pending 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 concerns about alleged bias.
Hudu’s lawyer, M. K. Tijjani, argued that once an appeal is filed, the appellate court assumes full jurisdiction, making it necessary for the trial court to adjourn the case indefinitely. He cited Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, to support his position that both courts cannot exercise jurisdiction at the same time.
However, opposing the application, Chief L. D. Nzadon, counsel for the Adamawa State Government, contended that under Section 307 of the Administration of Criminal Justice Law (ACJL) of Adamawa State, 2018, the court has no authority to grant such a request. He further argued that the cases referenced by Hudu’s counsel were civil in nature, whereas the current matter is a criminal trial.
Justice Manji, in his ruling, emphasized that the power to stay proceedings must be exercised judiciously and in accordance with the law.
He noted that the ACJL explicitly prohibits suspending criminal trials and found no compelling reason to grant the application.
With this decision, the substantive criminal trial against the suspended INEC REC will proceed in the Adamawa State High Court.
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