The Supreme Court has dismissed an appeal by the governorship candidate of the All Progressives Congress (APC) of Adamawa State in the 2023 governorship election, Senator Aisha Dahiru Binani, and her party seeking to unseat Umar Ahmadu Fintiri as the duly elected governor of Adamawa State.
The Supreme Court, in a unanimous judgment, delivered on Wednesday by Justice John Inyang Okoro held that Binani’s appeal was devoid of merit and consequently dismissed it.
Binani had, through his lawyer, Chief Akin Olujimi (SAN), asked the five-member panel of Justices to invoke section 152 of the Electoral Act 2022 to declare Binani as the lawfully elected governor of Adamawa State.
The senior lawyer said the Resident Electoral Commissioner (REC) who pronounced Binani as winner of the March 18, 2023 Governorship election had powers under the Electoral Act to do what he did.
Olujinmi insisted that as a Staff of the Independent National Electoral Commission (INEC), the REC cannot be faulted for making a declaration in the election he superintendent over.
However, counsel to Fintiri, Damian Dodo (SAN) pleaded with the court to reject the arguments of Binani in its entirety for being baseless and against the provisions of the law.
Among others, Dodo submitted that the Resident Electoral Commissioner lacked the power to make a declaration on the election, adding that the only person vested with the power to do so is the Returning Officer.
He explained that the REC who made the unlawful declaration refused to show up at the Adamawa State Governorship Election Petitions Tribunal to give evidence and justify his actions.
