Court Delivers Crushing Blow To Suspended INEC REC, Dismisses Appeal To Halt Criminal Trial

Hudu had sought an indefinite suspension of the trial while awaiting the outcome of an appeal filed with the Yola Court of Appeal. The appeal, heard on January 21, 2025, challenges the jurisdiction of the trial court and raises concerns about alleged bias.

Hudu’s lawyer, M. K. Tijjani, argued that the filing of an appeal grants full jurisdiction to the appellate court, thus necessitating an indefinite adjournment of the trial court’s proceedings. He referenced Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, asserting that both courts cannot exercise jurisdiction simultaneously.

However, Chief L. D. Nzadon, representing the Adamawa State Government, opposed the application, citing Section 307 of the Administration of Criminal Justice Law (ACJL) of Adamawa State, 2018, which does not allow such a request. He further pointed out that the cases cited by Hudu’s counsel were related to civil matters, while this case pertains to a criminal trial.

In his ruling, Justice Benjamin Lawan Manji emphasized that the authority to stay proceedings must be exercised with caution and in accordance with legal standards. He noted that the ACJL explicitly prohibits the suspension of criminal trials and found no compelling reason to grant Hudu’s request.

As a result, the criminal trial against the suspended INEC REC will proceed in the Adamawa State High Court.