The Abuja Court of Appeal, on Monday, rejected the petition filed by the All Progressives Congress (APC) and its gubernatorial candidate, Senator Aisha Dahiru Binani, aimed at nullifying Umar Ahmadu Fintiri’s election as Adamawa State governor.
The Appellate Court affirmed the validity of Governor Fintiri, representing the Peoples Democratic Party (PDP), as the duly elected winner, a decision previously upheld by the Adamawa State Governorship Election Petition Tribunal.
In a judgment authored by Justice Tunde Oyebanji Awotoye, the Appeal Court dismissed Binani and APC’s case on various grounds, citing irregularities.
Justice Awotoye highlighted that Binani and APC’s failure to present Polling Agents who were present during the election as witnesses weakened their case. Instead, they relied on Campaign Coordinators who lacked direct involvement in the electoral process.
The Court ruled that the Campaign Coordinators’ testimony held no legal weight as they were not party agents and thus constituted hearsay evidence, which cannot be given probative value under the law.
Additionally, Justice Awotoye deemed Binani and APC’s brief of argument as non-compliant with legal requirements, rendering it incompetent and disregarded. The records of appeal submitted by the petitioners were also considered incomplete and insufficient for the Court’s assessment.
The Court reaffirmed that only the Returning Officer possesses the authority to declare election results, denouncing Binani’s claim to victory. It also criticized Binani’s attempts to interfere in the duties of the Resident Electoral Commissioner, deeming such actions as illegal.
“In the eyes of the law, the Resident Electoral Commissioner is on his own. He should be allowed to take responsibility for his illegal and unlawful act”
The unanimous judgment dismissed the appeal entirely and imposed a fine of N1 million to be paid by Binani and APC to Fintiri and the PDP.
This decision aligns with the earlier dismissal of Binani’s petition by the Adamawa State Governorship Electoral Petitions Tribunal in October, upholding Fintiri’s position as governor.