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.
The Rivers contest is expected to draw heightened attention in the oil-rich state, as political actors position for influence in a district long regarded as strategic to the balance of power in Rivers State.
INEC disclosed that the by-elections will hold concurrently with the Ekiti State governorship election, underscoring what promises to be a politically charged day across several parts of the country.
Beyond Rivers, the electoral body listed other affected constituencies to include Nasarawa North Senatorial District, Dawakin Kudu/Warawa Federal Constituency in Kano State, Ondo South Senatorial District, and Enugu North Senatorial District.
The vacancies, according to INEC, arose from a combination of deaths, resignation, and other constitutional developments. In Nasarawa, the demise of Senator Godiya Akwashika has left a gap in a district considered a stronghold of the All Progressives Congress (APC). In Enugu, the passing of Senator Okey Ezea has set the stage for a competitive race in the South-East.
Similarly, the Ondo South seat became vacant following the resignation of Senator Jimoh Ibrahim, who now serves as Nigeria’s Permanent Representative to the United Nations, while the Dawakin Kudu/Warawa seat in Kano opened up after the death of Hon. Muhammad Danjuma Hassan.
Analysts say the Rivers South-East by-election, in particular, could reshape political alignments in the state, as parties jostle to fill the void left by Sen. Mpigi and consolidate their foothold ahead of future electoral contests.
Stakeholder from Bayelsa East Senatorial District, on Monday, endorsed the incumbent Senator representing them to run for a second term.
Leading the stakeholders, the former Commissioner for Culture and Tourism and Special Adviser to Governor Douye Diri on Political Affairs (iii), Dr Iti Orugbani, said the reason for the endorsement was based on the federal lawmaker’s trajectory of good deeds and massive execution of projects across communities of the Senatorial district.
Dr Orugbani highlighted some of the projects to include landing jetties, telecommunication masts and town halls amongst others, noting that Sen. Agadaga’s performance has exceeded those of others who hitherto represented the oil rich area.
Bayelsa East Senatorial District comprises Ogbia, Brass and Nembe Local Government Areas of the State.
The Governor’s aide who called on the State’s Eastern political enclave to respect the 2022 new zoning agreement, which guaranteed second term for Senators from the District, stressed the need for political tolerance and peace in the forthcoming 2027 polls.
“In 2022 the leaders and stakeholders across party lines from Bayelsa East held a meeting and altered the old single term for Senators from the district’s agreement and signed that begining from 2023 any Senator emerging from the district must serve for a minimum of two terms.
“In 2023, Senator Biobarakuma Degi-Eremienyo, then an incumbent Senator representing the Senatorial district under the platform of the All Progressives Congress (APC) was given a second term ticket by the party. Though he lost to the PDP.
“Now that the entire state is now APC and the District has an APC Senator in the person of Benson Agadaga from Ogbia LGA, why not also give him a second tenure?
“The stakeholders in 2022 changed the old political agreement because they saw that it wasn’t beneficial to the district any longer. And so, because it was Ogbia Local Government Area that started the old zoning arrangement by producing the first Senator in 1999, I want to plead that let Ogbia also begin the new two terms zoning agreement”, he said.
Also speaking, the duo of woman leader of a support group, ‘Agadema Women’, Mrs. Owadaba Jokori and the Information Officer of the Ijaw Youths Council (IYC), Central Zone, Comrade Ikio, stated that the incumbent Senator has done well for the district in the past three years that he has been in office.
They lauded the federal lawmaker for his infrastructure projects, especially the construction of landing jetties in select communities of the three local government areas of the district, commending stakeholders for supporting the lawmaker in his second term bid.
In his remarks, Senator Agadaga thanked the stakeholders for the confidence reposed in him and the endorsements he has received lately from constituents and admirers across political parties.
The lawmaker noted that within the past three years that he has been Senator, he has delivered dividends of democracy to his constituents across the Senatorial District, emphasizing that the call for him to be senator from the Brass Senatorial District came to him as a surprise, noting that he accepted the clarion call when the clamour became so loud.
“I was Chief of Staff to the State Governor, Senator Douye Diri, when various groups from the zone came calling on me to contest the 2023 Senatorial polls.
“Ever since winning the elections as a senator, I’ve continued to deliver on my mandate in both representation, lawmaking, oversight, project execution and support for constituents when called upon. And I shall continue to do more if elected for a second term”, the Senator said.
By Ariwera Ibibo-Howells, Yenagoa
Justice Peter Lifu of the Federal High Court in Abuja has set May 15 as deadline for definite hearing in a suit filed by a lawyer, Johnmary Jideobi, seeking to stop former President Goodluck Jonathan from contesting the 2027 presidential election.
The judge on Monday shifted the hearing date following the absence of the plaintiff, Mr Jideobi, and his lawyer in court without any information.
Apart from the absence of the plaintiff, who is a legal practitioner, the Independent National Electoral Commission (INEC) and the Attorney General of the Federation (AGF) and Minister of Justice, who are 2nd and 3rd defendants in the matter, were also not in court.
Following the absence of the plaintiff and the two defendants, Chris Uche, SAN, representing Dr Jonathan, applied to the court to strike out the suit for lack of diligent prosecution.
Having joined issues with each other, Mr Uche said, the suit is liable for dismissal with a N5 million cost to be awarded against the plaintiff and payable to Dr Jonathan.
He argued that from all indications, the plaintiff has abandoned the suit and ran away upon sighting the preliminary objections raised against the suit, adding that the court is a busy place and not for unserious matters.
Justice Lifu, however, noted that there was no evidence of service of hearing notice on INEC and AGF to appear in court for the suit, adding that lack of service of hearing notice is fundamental.
The judge said rather than striking out the suit, he prefers to bend backward to accommodate the plaintiff and the two defendants for the last time.
While adjourning the matter to May 15, Justice Lifu ordered that hearing notice be served on the plaintiff and the 2nd and 3rd defendants who were not in court on Monday.
The plaintiff, Mr Jideobi, had filed the case seeking an order to restrain Dr Jonathan from presenting himself to any political party as an aspirant for the 2027 election.
He is also asking the court to stop INEC from accepting, processing or publishing Dr Jonathan’s name as a presidential candidate.
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