Appeal Court upholds Governor Fintiri’s victory: Binani’s petition dismissed

The Court of Appeal in Abuja delivered a decisive judgment on Monday, dismissing the petition filed by the All Progressives Congress (APC) and its governorship candidate, Senator Aisha Dahiru Binani, challenging the election victory of Governor Umar Ahmadu Fintiri in Adamawa State.

The Appellate Court affirmed the lawful declaration of Governor Fintiri, a member of the Peoples Democratic Party (PDP), as the duly elected governor by the Adamawa State Governorship Election Petition Tribunal. Justice Tunde Oyebanji Awotoye, who authored the judgment, cited various grounds of abnormalities for the dismissal.

Among the key points, the Appeal Court noted that Binani and the APC failed to present Polling Agents who participated in the election as witnesses, instead relying on Campaign Coordinators who were not present at the election venue. Justice Awotoye deemed the three witnesses, who aimed to establish malpractices in 27 Local Government Areas, as mere hearsay witnesses, emphasizing their lack of direct involvement.

The Court emphasized that attaching probate values to the testimony of Campaign Coordinators is against the law and holds no weight in legal proceedings. Additionally, it deemed the brief of argument filed by Binani and the APC as incompetent and in violation of the law, warranting dismissal.

Justice Awotoye further pointed out that the records of appeal submitted by Binani and the APC were incomplete and insufficient for the Court to make any conclusive findings. The Court declared the earlier declaration of Binani and the APC as winners of the election illegal, asserting that only the Returning Officer has the authority to make such a declaration.

Regarding the actions 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 held accountable for his own decisions.

The unanimous judgment not only dismissed the appeal entirely but also imposed a cost of N1 million to be paid by Binani and the APC to Governor Fintiri and the PDP.

This ruling comes after the Adamawa State Governorship Electoral Petitions Tribunal had earlier, in October, dismissed Binani’s petition seeking the removal of Governor Fintiri from office.