Court Rejects Hudu’s Plea, Orders Him to Face Trial

Court Rejects Hudu’s Plea, Orders Him to Face Trial

A High Court in Adamawa State has dismissed an application filed by the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC), Barrister Hudu Yunusa Ari, ordering him to face trial.

Hudu had asked the court, presided over by Justice Benjamin Lawan Manji, to halt proceedings in the case filed against him by the Adamawa State Government.

Through his lawyer, M.K. Tijjani, Hudu requested an indefinite adjournment, arguing that his appeal was still pending before the Yola Court of Appeal. The appeal, which was heard on January 21, 2025, is awaiting judgment.

Tijjani contended that the court had the discretion to adjourn the case and should do so in line with legal principles. He argued that the appeal challenged the court’s jurisdiction and raised concerns of bias.

Citing Order 4 Rule 11(1) of the Court of Appeal Rules, 2021, Tijjani maintained that once an appeal is entered, the appellate court assumes full jurisdiction, and the lower court cannot proceed with the case.

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He urged the court to exercise discretion by adjourning the proceedings until the appeal was resolved.

Prosecution Opposes Application

The Adamawa State Government’s legal team, led by Chief L.D. Nzadon, opposed Hudu’s request, arguing that the application had no legal basis.

Nzadon relied on Section 307 of the Adamawa State Administration of Criminal Justice Law (ACJL), 2018, which, he said, strips the court of any authority to consider such an application in a criminal matter.

He pointed out that the cases Hudu’s lawyer referenced were all civil cases and, therefore, irrelevant to a criminal proceeding.

Nzadon urged the court to dismiss the application, asserting that the law does not allow the court to suspend a criminal trial under the circumstances presented.

Court’s Ruling

Delivering his ruling, Justice Benjamin Lawan Manji affirmed that deciding whether to grant or refuse a stay of proceedings is a matter of judicial discretion. However, he emphasized that such discretion must be exercised strictly within the limits of the law.

The judge noted that Hudu’s legal team failed to provide compelling reasons why the trial should be halted. He agreed with the prosecution’s argument that all cases cited by the defense related to civil proceedings and were not applicable in a criminal case.

He further stated that criminal procedure rules differ significantly from those governing civil matters.

Referencing Section 307 of the ACJL, Justice Manji ruled that the law does not permit the court to entertain applications aimed at stopping criminal proceedings.

“The section clearly prohibits the court from entertaining any application seeking to halt proceedings under any guise in a criminal matter,” the judge ruled.

He, therefore, dismissed the application, clearing the way for Hudu to stand trial.

What This Means for Hudu

With this ruling, Hudu Yunusa Ari must now face the charges brought against him by the Adamawa State Government. The decision underscores the court’s commitment to ensuring that criminal trials are not unduly delayed by procedural technicalities.

The outcome of the trial could have significant implications for Hudu’s legal and political future, as he remains a controversial figure in Adamawa’s electoral process.

This ruling sets a precedent for similar cases, reaffirming that criminal trials must proceed unless a higher court explicitly rules otherwise.

Legal experts say the decision aligns with Nigeria’s judicial practice, where criminal cases are prioritized to ensure swift justice.

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