Suspended Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari, has petitioned the Nigerian Bar Association, urging it to stay action on alleged moves to refer him to the Legal Practitioners’ Disciplinary Committee (LPDC).
Ari had, during the state governorship election, usurped the function of the Returning Officer by announcing a winner.
He argued that the subject matter of his action was pending before the Adamawa State High Court in suit number: HC/ADSY/15/2023, which was filed on July 5, 2023.
He submitted that the move to discipline him will amount to double jeopardy, since the matter is subjudice before a court of competent jurisdiction.
“Mr. President, your alleged anticipated referring of me to the LPDC may result in double jeopardy against me and a breach of fair hearing, contrary to the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, as amended,” Ari said.
He noted: “It is in the light of the above, especially the pending cases and criminal charge on the same subject matter, that I request that you stay any action regarding the subject matter of my duties as REC during the Adamawa gubernatorial elections, and refrain from referring the matter to the LPDC, as doing otherwise would violate Sections 144, 145 and 149 of the Electoral Act; Section 36 of the Constitution, and will grossly undermine proceedings in the various courts.”
Acknowledged copy of the petition was dated August 21, 2023 and addressed to the NBA President.
Ari said his letter was informed by reports and speculations in the media that he would be referred to the LPDC, following his role in the Adamawa State poll.
Ari told the NBA President that the circumstances, which led to his action as REC, and which is allegedly the loadstar of his reference to the disciplinary committee, is also the subject matter in suit number, FHC/ABJ/CS/935/2023; charge number, HC/ADSY/15/2023; and Election Petition number, EPT/AD/GV/01/2023 – all pending before superior courts of record in Nigeria.
