Court of Appeal Affirms Fintiri’s Victory in Adamawa State Governorship Election
The Court of Appeal in Abuja, on Monday, emphatically rejected the petition filed by the All Progressives Congress (APC) and its gubernatorial candidate, Senator Aisha Dahiru Binani, challenging the legitimacy of Governor Umar Ahmadu Fintiri’s election in Adamawa State.
In a decisive judgment written by Justice Tunde Oyebanji Awotoye, the Appellate Court upheld the verdict of the Adamawa State Governorship Election Petition Tribunal, confirming Governor Fintiri of the Peoples Democratic Party (PDP) as the duly elected governor.
The court dismissed Binani and APC’s case on various grounds, citing significant irregularities. One crucial factor was the failure of Binani and the APC to present Polling Agents who were present during the election as witnesses. Instead, Campaign Coordinators, who were not physically present at the election venue, were called to testify.
Justice Awotoye declared the three witnesses presented by Binani and APC as mere hearsay witnesses, emphasizing that attaching probate values to the testimony of Campaign Coordinators is against the law and holds no legal weight.
Furthermore, the court criticized the brief of argument filed by Binani and APC, deeming it in contravention of the law, incompetent, and deserving of being ignored.
The insufficiency and incompleteness of the records of appeal transmitted to the Court of Appeal by Binani and APC were also highlighted by Justice Awotoye, stating that the court could not make any findings based on such incomplete documentation.
The Court categorically declared the act of Binani and APC proclaiming themselves winners of the election as illegal, emphasizing that the sole authority for such a declaration lies with the Returning Officer.
Addressing the issue of the Resident Electoral Commissioner (REC), the court deemed it inappropriate for Binani to assume responsibility for the REC’s actions, emphasizing that the REC should be allowed to account for his actions independently.
In a unanimous decision, the Court of Appeal dismissed the appeal in its entirety and imposed a cost of N1 million to be paid by Binani and APC to Governor Fintiri and the PDP.
This judgment comes after the Adamawa State Governorship Electoral Petitions Tribunal had previously, in October, dismissed a similar petition filed by Binani, seeking the removal of Governor Fintiri from office.