PDP's Ahmadu Fintiri (left) and APC's Senator Aishatu 'Binani' Dahiru (right) were frontrunners for the Adamawa governor's seat in 2023.
Delivering its verdict on Monday, December 18, 2023, the Court of Appeal in Abuja quashed the petition filed by the All Progressives Congress (APC) and its governorship candidate, Senator Aisha Dahiru Binani, challenging the election of Umar Ahmadu Fintiri as the governor of Adamawa State.
The Appellate Court affirmed that Governor Fintiri, a member of the Peoples Democratic Party (PDP), was rightfully declared the winner by the Adamawa State Governorship Election Petition Tribunal.
Justice Tunde Oyebanji Awotoye, who authored the judgment, dismissed the case brought by Binani and the APC on multiple grounds of irregularities.
One critical aspect highlighted by the Appeal Court was the failure of Binani and the APC to present Polling Agents who actively participated in the election as witnesses. Instead, Campaign Coordinators were called upon, who were not present at the election venue.
The court deemed these individuals as mere hearsay witnesses, stating that their testimony lacked probate values and was, therefore, worthless in the eyes of the law.
Justice Awotoye pointed out that attaching importance to the Campaign Coordinators' testimonies went against legal principles. Furthermore, the court deemed Binani and APC's brief of argument as contrary to the law, rendering it incompetent and deserving of disregard.
Additionally, the court found fault with the incomplete records of appeal submitted by Binani and the APC, asserting that they were insufficient for the court to draw any conclusions.
Regarding the declaration of Binani and the APC as winners of the election, the court declared it illegal, noting that only the Returning Officer had the authority to make such declarations. Justice Awotoye expressed disapproval of Binani's attempts to intervene in matters that fell within the purview of the Resident Electoral Commissioner (REC).
"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," remarked Justice Awotoye.
The unanimous judgment not only dismissed the appeal but also imposed a cost of ₦1 million to be paid by Binani and the APC to Governor Fintiri and the PDP.
This ruling follows the earlier dismissal of Binani's petition by the Adamawa State Governorship Electoral Petitions Tribunal in October, solidifying Fintiri's position as the duly elected governor of Adamawa State.
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