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Supreme Court dismisses Binani, APC Appeal

Supreme Court dismisses Binani, APC Appeal

The All Progressives Congress (APC) and its candidate in the March 18, 2023 Governorship election in Adamawa State, Senator Aisha Dahiru Binani on Wednesday reached final dead end in their legal battle seeking to unseat Umar Ahmadu Fintiri as the duly elected governor of Adamawa State.

The Apex Court in its final judgment on Wednesday dismissed Binani's petition in its entirety for lacking in merit, cogent evidence and substance.

In a unanimous judgment delivered by Justice John Inyang Okoro, the Supreme Court held that the Resident Electoral Commissioner (REC) who declared Binani winner of the governorship election engaged in act of criminality and irresponsibility.

Galaxy tv news reports that Justice Okoro said that Binani engaged in self deceit by hanging to the unlawful and unconstitutional acts of the Resident Electoral Commissioner to hold herself out as winner of the governorship poll.

The apex court emphatically held that the Resident Electoral Commissioner 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 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 anyway helpful to them adding the REC ought to have appeared before the Adamawa State Election Petitions Tribunal to give evidence, defend and justify the declaration he made.

Justice Okoro held that Binani and APC did not in anywhere establish with any oral or documentary exhibits that they won majority of lawful votes cast at the election other than the purported declaration made by the REC.

He warned public officers to always act within the law in the discharge of responsibilities and not get carried away by greed adding that acting in 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 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 PC.

Counsel to the Second Respondent and Governor of Adamawa State, Ahmedu Fintiri, Damian Dodo, SAN, described the Fintiri victory as a well deserved one.


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