THE Adamawa State High Court sitting in Yola has dismissed an application filed by the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), Hudu Yunusa Ari, seeking to halt proceedings in the case against him.
Justice Benjamin Lawan Manji, in his ruling, rejected Hudu’s plea to stay proceedings indefinitely pending the judgment 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 of alleged bias.
Hudu, through his counsel, M. K. Tijjani, argued that the trial court should adjourn the matter sine die (indefinitely), insisting that once an appeal is entered, the appellate court assumes full jurisdiction over the case.
He cited Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, to support his argument that the trial court and the appellate court cannot exercise jurisdiction simultaneously.
However, opposing the application, Chief L. D. Nzadon, counsel to the Adamawa State Government, argued that under Section 307 of the Administration of Criminal Justice Law (ACJL) of Adamawa State, 2018, the court lacks jurisdiction to grant the request.
He emphasized that all the cases cited by Hudu’s counsel were civil, whereas the matter before the court was a criminal trial.
In his ruling, Justice Manji affirmed that the discretion to stay proceedings must be exercised judicially and judiciously but noted that the ACJL explicitly prohibits halting a criminal trial under any guise.
He concluded that the applicant failed to establish compelling grounds for the request and dismissed the application.
With this ruling, the substantive criminal trial against the suspended INEC REC is set to continue in the Adamawa State High Court.
