Politics
Adamawa Gov’ship Tussle: Supreme Court Reserves Judgment On Binani’s Appeal
The Supreme Court, on Monday, reserved judgment on an appeal the All Progressives Congress (APC) and its candidate, Senator Aisha Dahiru, popularly known as Binani, filed to challenge the outcome of the governorship election that held in Adamawa State on March 18, 2023.
A five-member panel of the apex court, led by Justice Inyang Okoro, adjourned the matter for judgment, after all the parties adopted their final briefs of argument.
Specifically, the appellants, through their legal team headed by Chief Akinolu Olujimi (SAN), prayed the court to sack Governor Ahmadu Fintiri of Adamawa State from office.
They urged the Supreme Court to set aside the concurrent verdicts of the Court of Appeal and the Adamawa State Governorship Election Petitions Tribunal, which upheld Fintiri’s re-election.
Binani maintained that she polled the majority of valid votes cast at the election and was validly declared the winner by the state’s Resident Electoral Commissioner, REC.
However, Fintiri, through his lawyer, Mr. Damian Dodo (SAN), urged the apex court to dismiss the appeal and validate his election victory.
The appellate court had, in a judgment it delivered on December 18, 2023, dismissed Senator Dahiru’s appeal, even as it awarded a cost of N1 million against her.
While affirming the election of Governor Fintiri, who was the candidate of the Peoples Democratic Party (PDP), the appellate court held that Senator Dahiru’s appeal was vague.
The Independent National Electoral Commission (INEC) had at the end of a supplementary election held in Adamawa State, announced that Fintiri polled 430,861 votes to defeat Binani of the APC who got a total of 398,788 votes.
Dissatisfied with the outcome of the poll, Binani approached the tribunal. She alleged that the election was fraught with corrupt practices and manifest non-compliance with provisions of the Electoral Act 2022.
She urged the Justice Theodora Obi Uloho-led tribunal to declare that she was the valid winner of the governorship election. The panel refused and dismissed her petition.
While affirming the decision of the tribunal, the appellate court, in its lead verdict that was read by Justice Ebiowei Tobi, held that the 27 grounds of appeal the APC candidate brought before it, lacked competence.
It held that the appellants failed to, by way of credible evidence, substantiate the allegations they raised against the outcome of the election. It stressed that their claim that electoral fraud took place in 14,104 polling units in the state was not proven.
More so, the court noted that the record of proceedings transmitted from the tribunal, as well as the briefs of argument that were filed by the appellants, were incomplete.
The appellate court further emphasised that only a Returning Officer at an election has the statutory power to declare the results of the election.
It will be recalled that the Federal High Court sitting in Abuja had earlier granted INEC the permission to prosecute its suspended Resident Electoral Commissioner (REC) in Adamawa State, Hudu Yunusa-Ari.
Yunusa-Ari is facing a six-count charge over alleged unlawful role he played in the Adamawa State governorship election held on March 18.
INEC had initially declared that the gubernatorial election was inconclusive and ordered a supplementary poll.
However, midway into the collation of results of the supplementary poll held on April 15, the suspended Adamawa REC, Yunusa-Ari, sidelined protocols and announced the APC candidate, Binani, as the winner.
The action elicited instant reactions. The electoral body not only voided Yunusa-Ari’s action but equally placed him on an indefinite suspension.
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.
The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.
The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”
The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.
“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.
“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.
“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.
“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.
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