On Monday, the All Progressives Congress (APC) and Senator Aisha Dahiru Binani, who was running for governor of Adamawa State, had their appeal to annul Umar Ahmadu Fintiri’s election as validly elected governor rejected by the Abuja Court of Appeal.
The Adamawa State Governorship Election Petition Tribunal’s declaration of Peoples Democratic Party (PDP) candidate Governor Fintiri as the victorious candidate was upheld by the Appellate Court.
Justice Tunde Oyebanji Awotoye dismissed the Binani and APC case due to multiple irregularities in his ruling.
Among the reasons given by the Appeal Court was that Binani and the APC should have brought witnesses who were actually there at the polls to testify, but instead they chose campaign coordinators who weren’t even at the polls.
Three campaign coordinators who were summoned to testify about alleged malpractices in 27 LGAs were dismissed by Justice Awotoye as “hearsay witnesses” since they were not actually party agents.
Since the evidence of the campaign coordinators lacks probate value, the court ruled that it is illegal to do so.
The argument briefs submitted by Binani and the APC were deemed incompetent and unlawful by Justice Awotoye, who further stated that they should be disregarded.
The Court of Appeal could not reach a finding because the appeal records supplied by Binani and the APC were incomplete, according to Justice Awotoye.
The announcement of Binani and APC as election winners was deemed an illegal act by the Court, who further stated that only the Returning Officer possesses the right to make such a pronouncement.
The court also found it improper that Binani was medicating the headache of the REC, the resident electoral commissioner, who chose to ignore the law and act unilaterally.
As far as the law is concerned, the Resident Electoral Commissioner is completely independent. He ought to be given the opportunity to face the consequences of his wrongdoing.
The full appeal was rejected by the unanimous verdict, and Binani and the APC were ordered to pay N1 million to Fintiri and the PDP as costs.
In October, Binani’s petition for Fintiri’s removal from office was rejected by the Adamawa State Governorship Electoral Petitions Tribunal.
Mismob Media