The Court of Appeal sitting in Abuja, on Monday, affirmed the re-election of Governor Ahmadu Fintiri of Adamawa State.
The appellate court, in a unanimous decision by a three-member panel of justices, dismissed an appeal that was filed by candidate of the All Progressives Congress, APC, Senator Aisha Dahiru Binani, even as it awarded N1 million in costs against her.
The court held that the appeal was vague, adding that it found no reason to set aside the earlier judgment of the Adamawa State Governorship Election Petition Tribunal, which upheld the declaration of Fintiri of the Peoples Democratic Party, PDP, as the winner of the gubernatorial contest.
Nigerian pilot recalled that the Independent National Electoral Commission, INEC, announced at the end of a supplementary election held in Adamawa State that Fintiri polled 430,861 votes to defeat Binani of the APC, who got a total of 398,788 votes.
Dissatisfied with the outcome of the poll, Binani approached the tribunal, alleging that the election was fraught with corrupt practices and non-compliance with provisions of the Electoral Act.
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”
The unanimous judgment dismissed the appeal in its entirety and awarded a cost of N1m to be paid to Fintiri and PDP by Binani and APC.
The Adamawa State Governorship Electoral Petitions Tribunal had, in October, dismissed the petition filed by Binani seeking Fintiri’s sack from office.
The Court had slated December 18, 2023 to pronounce its decision on the appeal before it by the Adamawa State Governorship candidate of All Progressives Congress, APC, Senator Aishatu Ahmed (Binani).
On the panel of justices handling the election dispute are Justice Tunde Oyebamiji Awotoye( Presiding), JUSTICE EBIOWEI TOBI and Justice Amina Audi Wambai, respectively.
