The All Progressives Congress (APC) and its candidate in the March 18, 2023 governorship election in Adamawa State, Senator Aisha Dahiru Binani, have lost their legal battle to unseat Umar Ahmadu Fintiri as the duly elected governor of Adamawa State.
The court dismissed Binani’s petition in its entirety for lacking in merit, cogent evidence and substance.
In a unanimous judgement delivered by Justice John Inyang Okoro, the apex court held that the resident electoral commissioner (REC) who declared Binani winner of the governorship election engaged in acts of criminality and irresponsibility.
Justice Okoro said that Binani engaged in self-deceit by hanging to the unlawful and unconstitutional acts of the REC to hold herself out as winner of the governorship poll.
The apex court emphatically held that the REC had no power under any known law to declare election results as he did in the Adamawa governorship election results.
Justice Okoro maintained that the only person vested with power to make a declaration on election is the Returning Officer (RO) appointed by the Independent National Electoral Commission (INEC) and no other person.
The Supreme Court said that the mere declaration of Binani and APC as winners by the REC was not in any way helpful to them, adding the controversial REC ought to have appeared before the Adamawa State Election Petitions Tribunal to give evidence, defend and justify the declaration he made.
“From the evidence adduced, the election of March 18 was inconclusive. A supplementary election was ordered and conducted. While the results of the supplementary election were being awaited, the REC did what he did.
“It must however be clearly stated here that the REC acted ultra vires. He is not competent to announce election results. It is the express duty of INEC to give duty and responsibility and, by evidence here, the duty was donated to the returning officer.
According the apex court, the announcement of the results by the REC in the instant case is illegal, unlawful, and null and void.
Justice Okoro warned public officers to always act within the law in the discharge of responsibilities and not get carried away by greed, adding that acting contrary to the provisions of the Constitution and the Electoral Act in the discharge of public duties is completely illegal.
In the absence of evidence of scoring the majority of lawful votes, Justice Okoro dismissed Binani’s petition and upheld the concurrent findings of the Adamawa State Election Petitions Tribunal and the Court of Appeal which had earlier dismissed the petition by Binani and APC.
