The High Court of Adamawa State in Yola has denied a request from the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), Hudu Yunusa Ari, to suspend proceedings in his ongoing case.
Naijaonpoint reports that Hudu had pleaded for an indefinite stay of proceedings while awaiting the outcome of an appeal submitted to the Yola Court of Appeal.
The appeal, which was heard on January 21, 2025, questions the jurisdiction of the trial court and raises issues regarding alleged bias.
Hudu’s attorney, M. K. Tijjani, contended that the filing of an appeal grants the appellate court full jurisdiction, necessitating an indefinite adjournment of the trial court’s proceedings.
He referenced Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, to argue that both courts cannot concurrently exercise jurisdiction.
Conversely, Chief L. D. Nzadon, representing the Adamawa State Government, argued against the application, stating that Section 307 of the Administration of Criminal Justice Law (ACJL) of Adamawa State, 2018, does not permit such a request.
He further pointed out that the cases cited by Hudu’s counsel pertained to civil matters, while the current case is a criminal trial.
In his ruling, however, Justice Benjamin Lawan Manji underscored that the authority to stay proceedings must be exercised cautiously and in compliance with legal standards.
He highlighted that the ACJL explicitly forbids the suspension of criminal trials and found no substantial justification to grant the request.
As a result of this ruling, the substantive criminal trial against the suspended INEC REC will continue in the Adamawa State High Court.