Adamawa: Appeal Court Re-affirms PDP's Ahmadu Fintiri As Governor

 

The Court of Appeal sitting in Abuja has re-affirmed Governor Ahmadu Fintiri (PDP) as duly elected and returned in the 18th March Governorship poll.

The Independent National Electoral Commission, amid a flurry of controversial events declared incumbent, PDP's Fintiri winner with 430861 votes ahead of main challenger, Aishatu Ahmed Dahiru (APC) who scored 398788 votes.

Dismayed by the turn of events, Binani as she is fondly called, and the APC approached the tribunal in Suit No: EPT/AD/GOV/01/2023, questioning amongst others, the decision of the 1st defendant (INEC), to reject her declaration as winner of the April 15 Governorship rerun in the state. Fintiri and PDP were listed as 2nd & 3rd defendants respectively.

The Petitioners also averred that the election was characterised by vote buying, corrupt practices, BVAS snatching and intimidation/harassment of officials.

It can be recalled that a now suspended State Resident Electoral Commissioner (REC) of INEC, Hudu Ari-Yunusa, had on April 16, declared Binani the winner of the election conducted the day before. Hudu had announced Binani winner of the election when results for collation were still being awaited from 10 LGAs.

In reaction to the premature declaration, INEC immediately nullified the declaration and suspended Hudu, and then went ahead to conclude the collation and announce incumbent Fintiri of the PDP as the winner of the election.

On October 28, the tribunal in her judgement held that the premature declaration of Binani was unconstitutional and illegal. The panel held that the State REC's responsibility was supervision and administration, not to usurp the responsibilities of the Returning Officer who is empowered by law to collate and announce the results accordingly.

In reading the 176-page document, the tribunal held that the Petitioners applied for issuance of pre-hearing notice prematurely and not in accordance with the provisions of Section 18 of the 1st Schedule of the Electoral Act 2022. The petition is here by struck out having been abandoned by the Petitioners.

The tribunal further dismissed the petition for lacking in merit and affirmed the 2nd defendant as duly elected and returned as Governor.

Obviously disappointed with the outcome at the tribunal, Binani & the APC through Akin Olujimi SAN filed a 27-ground appeal praying the Court to upturn the decision of the tribunal.

The 3-man panel led by Justice Tunde Oyebamiji Awotoye JCA (Presiding) ruled that the application for appeal was vague, invalid, incomplete and contrary to the Practice Directions of the Court, trying to armtwist the Court to speculate.

The Presiding Judge held that the appeal (Suit No: CA/YL/EP/AD/GOV/18/2023) was incompetent and ought to be dismissed. He averred that the petitioners woefully failed to establish their allegations of non-compliance with the Electoral Act and prove their case with cogent, credible and satisfactory evidence."

"The evidence of the appellants at the Tribunal was hearsay evidence which deserves to be ignored in toto”

The Judges unanimously agreed that the appeal was likely to be struck out for lacking any scintilla of merit ab initio.

Other members of the panel: Justices Tobi Ebiowei and Amina Audi Wambai JJCA concurred with the leading judgement.

They further ordered the 1st appellant (Binani) to pay N500,000 to each of the 2nd (Fintiri) and 3rd (PDP) respondents respectively.