The Independent National Electoral Commission (INEC) has disclosed filing a six-count charge against the Adamawa State Resident Electoral Commissioner, Barr Ari Yunusa, for illegally declaring fake results after the Governorship Supplementary Election, which was held on the 15th of April, 2023.
In a statement released to journalists after its weekly meeting, and endorsed by the National Commissioner In Charge Of Information And Voter Education, Festus Okoye, the commission said the suit is before an Adamawa State High Court in Yola, noting that the court has fixed Wednesday, July 12, for the start of the trial.
Okoye said the commission’s decision is based on Section 145(1) of the Electoral Act 2022, which says an offence committed under the act shall be triable in a Magistrates Court or a High Court of a state in which the offence is committed, or the Federal Capital Territory, Abuja, and Section 145(2) of the act provides that a prosecution under the act, shall be undertaken by legal officers of the commission, or any legal practitioner appointed by it.
At a meeting with the Resident Electoral Commissioners (RECS) on Tuesday, July 4, the commission confirmed the receipt of case files from the Nigeria Police, following the conclusion of an investigation, into alleged electoral offences, during the 2023 General Election, including the one involving the Resident Electoral Commissioner, (REC), deployed to Adamawa State, Barr Ari Yunusa.
The commission also assured Nigerians of immediate action on the matter.
It said that having reviewed the case file from the police, which established a prima facie case against Barr Yunusa Ari, it has filed a six-count charge against him, adding that it is working with the Nigerian Bar Association, (NBA), for the diligent prosecution of other cases.
The full text of the statement reads:
PROSECUTION OF RESIDENT ELECTORAL COMMISSIONER, BARR. HUDU YUNUSA ARI
The Independent National Electoral Commission (INEC) held its regular weekly meeting today, Thursday 6th July 2023, and discussed, among other issues, the progress with the prosecution of electoral offenders.
It would be recalled that at the meeting with the Resident Electoral Commissioners (RECs) two days ago on Tuesday 4th July 2023, the Commission confirmed the receipt of case files from the Nigeria Police following the conclusion of investigation into alleged electoral offences during the 2023 General Election, including the one involving the Resident Electoral Commissioner (REC) deployed to Adamawa State, Barr. Hudu Yunusa Ari. The Commission also assured Nigerians of immediate action on the matter.
As provided by Section 145(1) of the Electoral Act 2022, an offence committed under the Act shall be triable in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. Furthermore, Section 145(2) of the Act provides that a prosecution under the Act shall be undertaken by legal officers of the Commission, or any legal practitioner appointed by it.
Having reviewed the case file from the Police which established a prima facie case against Barr. Hudu Yunusa Ari, the Commission has filed a six-count charge against him at the Adamawa State High Court sitting in Yola. Consequently, the Court has fixed Wednesday 12th July 2023 for commencement of trial.
Meanwhile, the Commission is working with the Nigerian Bar Association (NBA) for the diligent prosecution of other cases.
Festus Okoye
National Commissioner and Chairman, Information and Voter Education Committee
Thursday 6th July 2023
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