Adamawa Guber: Appeal Court Dismisses Binani’s Petition Against Fintiri

On Dec 18, 2023

The Court of Appeal in Abuja has dismissed the appeal by the All Progressives Congress APC Candidate in the March 18, 2023, governorship election for Adamawa State Aisha Dahiru Binani challenging the election of Governor Ahmadu Fintiri.

Justice Ibiowei Tobi who delivered the judgement, affirmed the decision of the Adamawa State Governorship Election Petition Tribunal which upheld the election of Fintiri as announced by Independent National Electoral Commission INEC.

The Appellate Court held that the record of appeal used in challenging the judgement of the tribunal was incomplete, thereby making the appeal incompetent.

The court also held that the appellant had abandoned the petition at the lower tribunal and presented incompetent evidence to prove her allegations.

“The ground of appeal is incompetent and liable to be struck out,” the Court said.

Allegations of corrupt practice

On the allegations of corrupt practices in the election, the Appellate court held that such allegations must be proved beyond reasonable doubt as the appellant failed to provide evidence.

The court agreed with the tribunal to strike out some paragraphs in the petition as evidence provided by the witnesses were hearsay.

Also, on allegations of non-compliance with the electoral act by Binani, the Appellate court held that non-compliance must be proved from polling unit to polling unit and be established by agents and not any other.

The Court condemned the actions of the suspended Adamawa State Resident Electoral Commissioner REC Hudu Ari for announcing the Governorship results which is a duty of a returning officer.

The court described his actions as unlawful and contrary to the provisions of the law.

The Appellate court awarded the cost of five hundred thousand naira against the appellant.

“This appeal lacks merit and deserved to be dismissed” the court held.

INEC Declares Governor Fintiri Winner Of Adamawa Governorship Election

The Governorship Candidate of the All Progressives Congress, Senator Binani, had approached the Adamawa state tribunal seeking to quash the declaration of Governor Ahmadu Fintiri, by the Independent National Electoral Commission, as elected governor of Adamawa.

Binani, in her petition, which had INEC, Fintiri and People’s Democratic Party as the first, second, and third respondents, respectively, asked the Adamawa governorship election petition tribunal to annul the governorship election over non-compliance with the electoral act among other allegations.

Counsel to Fintiri, Mr. Damian Dodo SAN hailed the judgment saying it is in line with the law.

Emmanuel Ukoh