By Vivian Okejeme, Abuja
The Supreme Court, has reserved judgment in the All Progressives Congress (APC) governorship candidate, Senator Aisha Dahiru Binani’s appeal, contesting Umar Ahmadu Fintiri election as the governor of Adamawa State.
In her argument, Binani relied on section 152 of the Electoral Act 2022, and asked the Apex court to declare her as the lawfully elected governor of Adamawa State.
Arguing through her Counsel, Chief Akin Olujinmi SAN, Binani maintained that the Resident Electoral Commissioner REC who pronounced Binani as winner of the March 18 last year Governorship election had powers under the Electoral Act to do so.
Concluding, she posited that as a Staff of the Independent National Electoral Commission (INEC) the REC cannot be faulted for making declaration in the election he superintendent over.
However, counsel to governor Fintiri, Damian Dodo SAN pleaded with the court to reject the arguments of Binani in its entirety for being baseless and against the clear provisions of the law.
According to the SAN, the REC lacked power to make declaration on election adding that the only person vested with power to do so is the Returning Officer.
He explained that he refused bluntly to show up at the Adamawa State Governorship Election Petitions Tribunal to give evidence and justify his actions.
Rather, the REC fled the country and ran away to Niger Republic to take refuge when declared wanted by security operatives for trial in the unlawful and unconstitutional acts.
Besides, Dodo submitted that until now, Binani and APC have not produced or tendered the results used by the fleeing Resident Electoral Commissioner to back up their claims to Governorship victory.
After taking arguments from lawyers, Justice John Inyang Okoro announced that judgment has been reserved and that parties involved would be communicated when the verdict is ready for delivery.
The Court of Appeal in Abuja had on Monday December 18, 2023 dismissed the petition by the All Progressives Congress (APC) and its governorship candidate, Senator Aisha Dahiru Binani seeking to invalidate the election of Umar Ahmadu Fintiri as the duly elected governor of Adamawa State.
The Appellate Court held that Governor Fintiri of the Peoples Democratic Party, PDP was lawfully declared the winner of the poll by the Adamawa State Governorship Election Petition Tribunal.
A judgment written by Justice Tunde Oyebanji Awotoye threw out the case of Binani and APC on various grounds of abnormalities.
Among the grounds, the Appeal Court held that Binani and APC failed to call polling agents who participated in the conduct of the election as witnesses but unfortunately called Campaign Coordinators who were not at the election venue.
Justice Awotoye said the three witnesses called to establish malpractices in 27 Local Government Areas who were Campaign Coordinators are mere hearsay witnesses having not been party agents.
The Court held that it is against the law to attach probate values to the testimony of the Campaign Coordinators since such is worthless in the face of the law.
Besides, Justice Awotoye said that the brief of argument filed by Binani and APC was in contravention of the law, hence, incompetent and deserved to be ignored.
Also, Justice Awotoye held that the records of appeal transmitted to the Court of Appeal by Binani and APC were not complete and insufficient for the Court to make any finding.
The Court declared as an illegal act the declaration of Binani and APC as winners of the election adding that the only authority to make a declaration is the Returning Officer.
The Court also said it was wrong for Binani to be taking Panadol for the headache of the Resident Electoral Commissioner REC who opted to take laws into his hand.
“In the eyes of the law, the Resident Electoral Commissioner is on his own. He should be allowed to take responsibility for his illegal and unlawful act”
