The suspended Resident Electoral Commissioner (REC) in Adamawa State, Hudu Yunusa Ari, has urged the Nigerian Bar Association (NBA) not to refer him to the Legal Practitioners Disciplinary Committee (LPDC).
Ari, in a letter to NBA President Yakubu Maikyau (SAN), contended that issues relating to his conduct during the last governorship election in Adamawa are the subject of a case before the state’s High Court in a charge numbered HC/ADSY/15/2023, filed on July 5.
The suspended REC argued that it would amount to double jeopardy for the NBA to probe him despite the pendency of the case.
Ari said his letter followed reports that he would be referred to the LPDC over his role in the supplementary gubernatorial elections of April 15.
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Ari told the NBA that the same issues were also the subject-matter in a suit numbered FHC/ABJ/CS/935/2023 and an election petition numbered EPT/AD/GV/01/2023.
Ari explained that the various suits seek the interpretation of sections 144 and 145 of the Electoral Act 2022 on the proprietary or otherwise of his declaration of Aishatu Ahmed Dahiru as the winner of the Adamawa governorship election
The letter reads: “Mr President, your alleged anticipated referring me to the LPDC may result in double jeopardy against me and a breach of my fair hearing contrary to the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“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 charge 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 LPDC.
“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.”