The suspended Independent National Electoral Commission’s Resident Electoral Commissioner (REC) for Adamawa State, Hudu Yunusa Ari, has urged the Nigerian Bar Association (NBA) to stay action on the alleged moves to refer him to the Legal Practitioners Disciplinary Committee for disciplinary action.

Ari, in a petition to the umbrella body of lawyers, argued that the subject matter of his actions is pending before the Adamawa State High Court in Charge No. HC/ADSY/15/2023, which was fil33ed on July 5, 2023, and that the move to discipline him will amount to double jeopardy since the matter is subjudice before a court of competent jurisdiction.

He said referring him to the Legal Practitioners’ Disciplinary Committee may amount to a breach of his right to a fair hearing contrary to the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as Amended”. 

Ari, who is a lawyer, said the NBA has been at the forefront of advising against comments or taking steps on matters pending before courts of law in the overall interest of justice.

“It is in the light of the above, especially the pending cases and criminal charges on the same subject matter, that I request that you stay any action regarding the subject matter of my duties as Resident Electoral Commissioner during the Adamawa Gubernatorial Elections and to refrain from referring the matter to the Legal Practitioners Disciplinary Committee, as to do otherwise would violate sections 144, 145, and 149 of the Electoral Act; Section 36 of the Constitution; and will grossly undermine the proceedings in the various courts,” Ari wrote.

Ari said his letter was informed by reports and speculations in the media space that he would be referred to the Legal Practitioners Disciplinary Committee following his role at the Adamawa State supplementary Gubernatorial Elections of April 15, 2023.

As a member of the NBA and a law-abiding citizen of Nigeria, Ari told the NBA President that the circumstances that led to his actions as INEC’s REC, which is allegedly the loadstar of his reference to the disciplinary committee, are also the subject matter in suit no. FHC/ABJ/CS/935/2023; charge no. HC/ADSY/15/2023; and Election Petition No. EPT/AD/GV/01/2023, which are all pending before superior courts of record in Nigeria.

Ari explained that the various suits are seeking the interpretation of sections 144 and 145 of the Electoral Act, 2022, regarding the proprietary or otherwise of his declaration of Aishatu Ahmed Dahiru as the winner of the Adamawa Gubernatorial Election.

“Indeed, on July 22, 2023, I would have had an opportunity to present those facts at the Adamawa State Governorship Tribunal, for the benefit of the whole public and for posterity’s sake, but for the sustained objection of the Respondents who objected to my being a witness in the petition of Aishatu Ahmed Dahiru,” Ari told the NBA.

He reminded the NBA President that, as legal practitioners, “we have been admonished to refrain from making comments on issues that are still pending before the courts so as not to prejudice them.

“With the preceding in mind, I am constrained, out of my deepest respect for the NBA and the rule of law, to only briefly state the facts in order to keep you abreast of the events that led to the subject matter of the alleged intention to bring me before the Disciplinary Committee and which, as I earlier mentioned, is still the subject of various litigations.

“I would continue to maintain the position, due to documents available to me and now before the Tribunal, that on April 15, 2023, I was compelled by the prevailing circumstances at the time and for the need to uphold the integrity of the Commission to declare Aishatu Ahmed Dahiru as the winner of the Adamawa Gubernatorial Election based on the vacuum created as a result of the complicity of the Returning Officer and two National Electoral Commissioners aimed at thwarting the transparency of the said elections.

“It is pertinent to note that the Commission, who is the 1st Respondent in the Election Petition, which basically revolves around the lawfulness or otherwise of my declaration, resulting in my suspension from duty, litigation, and speculations of disciplinary action against me, listed 25 witnesses but could not produce any. The same applies to the 37 respondents, including PDP, who listed 15 witnesses.

“Similarly, the second Respondent, His Excellency, Governor Ahmadu Umaru Fintiri, listed 15 witnesses but was only able to secure one hostile witness who gave evidence in support of the petition,” Ari told the NBA President.