AGAIN, INEC FAILS TO ARRAIGN HUDU AS COURT THREATENS TO STRIKE OUT SUIT

Again, the Independent National Electoral Commission (INEC) has failed to arraign its suspended Resident Electoral Commissioner (REC), Barr. Hudu Ari Yunusa, before Adamawa State High Court for prosecution. NEWS PLATFORM  

The electoral umpire had slammed 6 count charge on its suspended REC but failed to produce him for the 3rd time on Thursday, the 27th July, 2023 for him to face trial for the alleged offences. 

It was as a result of the failure to arraign him that the court presided by Justice Benjamin Manji Lawan, on Thursday, threatened to strike out the case on the ground that the court cannot continue to harbour a case that is not going on.

Manji warned that the court should not be involved in the game INEC is playing with the case, insisting that if the electoral body is not ready to proceed with the case, the court will strike it out. 

INEC had dragged Hudu before the court for the alleged offences of announcement of false electoral result, violating the oath of neutrality, breach of duty, disorderly conduct at election, inciting disturbance and personating a public servant.

Hudu who was to be docked on Wednesday 12th July, 2023, hurriedly went and obtained an order from the Federal High Court Abuja, which restrained the prosecution and the State High Court from proceeding with his trial pending hearing of the motion on notice on the 18th July, 2023.

The order stalled the commencement of trial on the 12th July, 2023, where the court was left with no option than to adjourn the case for another day. The matter was subsequently adjourned to the 20th July, 2023 with the expectation that the order must have elapsed or vacated before the new date.

Interestingly, at its resumed sitting, the Federal High Court presided by Justice Donatus Okorowo, refused to extend the interim order which restrained INEC and the State High Court from taking further action against Hudu.

The decision of the Federal High Court on the 18th July, 2023 paved a way for the electoral body to arraign Hudu before the State High on the 20th July, 2023 as earlier adjourned.

When the case came up for mention at the State High Court on the 20th July, 2023, Counsel to the prosecution, Rotimi Jacobs(SAN) who was represented by Stephen Ibyem, informed Justice Manji that the Federal High Court Judge was yet to sign on the order to enable them present it to the police so as to produce Hudu in court as at the 19th July, 2023.

Again, the court was left with no option than to adjourn the matter for another date for second time following an application to that effect by the prosecuting counsel.

The case was adjourned to the 27th July, to enable the prosecution to prepare adequately in order to arraign Hudu, where Stephen Ibyem assured that Hudu will be arraigned before the court on the new date.

On his appearance before the court at its resumed sitting on the 27th July, 2023, the prosecuting counsel, Thomas Ikyaan, told the court that the matter was slated for mention but that they cannot proceed.

Ikyaan Thomas informed the court that they can proceed with the case because they had received a letter from Directorate of Public Prosecution of the federation directing them not to proceed pending the judgement of the Federal High Court slated for the 13th October, 2023.

Subsequently, he tendered the letter which he had earlier read as an evidence after which the matter was again adjourned to the 23rd October, 2023 for the 3rd time for arraignment.