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The Adamawa State High Court has dismissed an application by Hudu Yunusa Ari, the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), seeking to indefinitely halt his ongoing criminal trial.
Justice Benjamin Lawan Manji delivered the ruling, rejecting Hudu’s request for a stay of proceedings pending the outcome of an appeal he filed at the Yola Court of Appeal.
The appeal, which was heard on January 21, 2025, challenges the trial court’s jurisdiction and alleges potential bias in the handling of the case.
Hudu’s legal counsel, M.K. Tijjani, argued that once an appeal has been filed, the appellate court assumes full jurisdiction over the matter, effectively requiring the trial court to pause proceedings.
Tijjani referenced Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, to support his claim that concurrent jurisdiction between the two courts is not permissible.
However, opposing the motion, Chief L.D. Nzadon, representing the Adamawa State Government, contended that Section 307 of the Administration of Criminal Justice Law (ACJL) of Adamawa State, 2018, explicitly prohibits the suspension of criminal trials.
Nzadon also pointed out that the legal precedents cited by Hudu’s lawyer pertain to civil cases, which are not applicable in this criminal matter.
In his ruling, Justice Manji stressed that the authority to grant a stay of proceedings in criminal cases must be exercised strictly within the bounds of the law.
“The ACJL clearly prohibits the suspension of criminal trials,” he stated, adding that there was no sufficient justification to grant the application.
Following the court’s decision, the substantive criminal case against Hudu Yunusa Ari will continue at the Adamawa State High Court.