The Supreme Court, sitting in Abuja on Wednesday, affirmed the election of Ahmadu Fintiri as the Governor of Adamawa State.
Justice John Okoro-led five-member panel dismissed the appeal filed by the governorship candidate of the All Progressives Congress (APC), Aisha Dahiru, popularly known as Binani, for lacking merit and that the Resident Electoral Commissioner (REC), Hudu Ari, had acted irresponsibly and criminally by not allowing the returning officer to announce the results.
Justice Okoro further emphasised that it was the duty of the returning officer to announce the results to prevent chaos and anarchy, pointing out that the Electoral Act clearly stipulates that the power to declare election results is exclusively vested in the returning officer.
Back story:
The Informant247 had earlier reported that Justice Theodora Obi Uloho-led Adamawa State Governorship Election Tribunal sitting in Yola had on Saturday, October 28, upheld the reelection of Governor Ahmadu Umaru Fintiri of the Peoples Democratic Party (PDP) while the petition by Senator Aishatu Dahiru Binani of the All Progressives Congress (APC).
Justice Uloho, while delivering the judgement, held that the petitioners failed to prove allegations of non-compliance with the Electoral Act 2022.
Binani had challenged the election results, alleging that the exercise did not comply with the electoral act.
The governor had secured 430,861 votes in the entire election, while Binani got 398,788 votes.
The Independent National Electoral Commission (INEC) declared Fintiri the winner after the April 18 supplementary election.
Dissatisfied with the tribunal, Binani headed to the appeal Court, where the appellate dismissed her petition for lacking merit while affirming the election of Ahmadu Fintiri of the Peoples Democratic Party (PDP) as duly elected governor of Adamawa State.
The Informant247 gathered that Justice Ebiowei Tobi, while delivering the judgment, also awarded N500,000 in favour of Fintiri and the PDP while describing her appeal as lacking merit.
It was learned that the court upheld the decision of the tribunal, which on October 28 dismissed Aishatu Binani’s petition and upheld the declaration by the Independent National Electoral Commission that Fintiri won the election.
According to Prof Muhammed Mele, the Returning Officer for the governorship election, Fintiri won the supplementary election with 9,337 votes to 6,513 votes. In total, PDP’s Fintiri won 430,861 votes, while APC’s Binani scored 398,788 votes.
Mele had said, “That Ahmadu Fintiri of the PDP, having satisfied the requirements of the law, is hereby declared the winner and is returned elected.”
The tribunal had dismissed Binani’s petition for failing to prove her allegations of over-voting, as she did not tender the necessary documents to support her case. The appellate court’s judgment on Monday upheld the tribunal’s ruling and affirmed Fintiri as the state governor.
The court also criticised the premature announcement of the election outcome by the then Resident Electoral Commissioner (REC) Hudu Yunusa-Ari and emphasised that his actions were illegal.
The court stressed that only the Returning Officer had the power to announce election results in accordance with the law.
The Informant247 reports that the incumbent Governor of Adamawa State, Ahmadu Fintiri of the People’s Democratic Party PDP, was declared the winner of the March 18 governorship election by the Independent National Electoral Commission (INEC).
He defeated thirteen other guber candidates in the state to retain his position as Governor of the state.
It would be recalled that the REC, on Sunday, April 16, 2023, declared the governorship candidate of the All Progressives Congress, APC in Adamawa State, Senator Aishatu Ahmed Binani, the election winner even while collation of results was still ongoing.
The headquarters of the electoral commission has taken a quick step on the critical electoral issue as it suspended the REC and postponed the announcement of the results indefinitely.
The INEC on Tuesday, April 18, 2023, held a meeting to discuss issues concerning the Adamawa governorship election.
It called on the Inspector-General of Police, Alkali Baba Usman, to immediately investigate and possibly prosecute the Resident Electoral Commissioner REC for Adamawa State, Barr. Hudu Yunusa Ari.
The INEC, after its Tuesday’s meeting, also alerted the Secretary to the Government of the Federation, Boss Mustapha, to bring the unacceptable act of the REC to the awareness of the concerned appointing authority for due action.
The Inspector General of Police (IGP), Usman Alkali Baba, also removed the Adamawa State Commissioner of Police, Mohammed Barde.