31st January, 2024
By Ebere Agozie
The Supreme Court, in a unanimous judgment on Wednesday dismissed the appeal filed by Aishatu Ahmed, also known as Binani of All Progressives Congress, APC, challenging the declaration of Ahmadu Fintiri of Peoples Democratic Party, PDP as the winner of the March 18 Adamawa governorship election.
The APC candidate in the suit asked the apex court to uphold her declaration as the winner of the governorship election by the former Resident Electoral Commission of the Independent National Electoral Commission, INEC REC in Adamawa State, Hudu Yunusa,
She argued that Hudu, being an official of the electoral umpire in line with Section 149 of the Electoral Act was competent to declare the result of the election,
But the five-man panel of the apex court in a judgment delivered by Justice John held that the suit was lacking in merit.
The Supreme Court Justice held that a resident electoral commissioner lacks powers to announce election results.
The five-member panel that the declaration of the election result by by Hudu Ari was an act of irresponsibility and criminality.
The Panel further held that it is the returning officer who must announce results to avoid chaos and anarchy.
The Court of Appeal in Abuja had earlier affirmed the election of Fintiri .
A three-member panel of the court had upheld the Oct. 28, 2023 decision of the Adamawa Governorship Election Petitions Tribunal, declaring Fintiri the winner of the March 18 poll.
Dahiru, widely known as Binani, the All Progressives Congress (APC) governorship candidate at the poll, had urged the court to sack Mr Fintiri who was the flagbearer of the PDP on account of INEC’s non-compliance with provisions of the Electoral Act 2022.
In the unanimous judgement, the three-member appellate court panel led by Tunde Awotoye, said Binani failed to prove allegations of non-compliance with the Electoral Act in the conduct of the March governorship election in Adamawa State.
It held that the appellant’s claim of electoral fraud in 14,104 polling stations was not substantiated.
“There is no way three witnesses can prove allegations of noncompliance in 14,104 polling units. Besides, the witnesses were not at the polling units but were campaign coordinators for the appellants”.
The justice equally noted that the record of proceedings transmitted from the tribunal and the briefs to the court were incomplete.
“On the whole, this appeal lacks merit and is accordingly dismissed. The decision of the lower Tribunal is hereby confirmed,” the court awarded N1 million against the petitioners in favour of Fintiri and the PDP.
(NAN)