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Adamawa Gov’ship Tussle: Supreme Court Reserves Judgment On Binani’s Appeal 

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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.

 

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CSO Seeks Review Of Judgment Sacking Zamfara Rep For Joining APC

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A coalition of civil society organisations has called for a review of the judgment of the Federal High Court, Abuja, which sacked Hon. Abubakar Gummi, the lawmaker representing Gummi/Bukkuyum Federal Constituency of Zamfara State, for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Operating under the umbrella of the Coalition of Civil Society Network, the group described the ruling delivered by Justice Obiora Egwuatu as unfair and contrary to the spirit of democracy, urging the judiciary to consider the will of the people in its final determination of the matter.

Justice Obiora Egwuatu of the Federal High Court, Abuja, had on Thursday, October 30, sacked Gummi for defecting from the PDP, which sponsored his election, to the APC.

In his ruling, Justice Egwuatu held that it was morally wrong for a politician to transfer votes from one political party to another, stating that “political prostitution must not be rewarded.”

He declared that voters elect candidates based on the manifestos and ideals of their political parties. Therefore, it was both legally and morally unacceptable for an elected official to abandon that platform without relinquishing the mandate.

The court also restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Hon. Gummi as a member of the House, and ordered him to refund all salaries and allowances received from October 30, 2024, to the date of judgment.

Justice Egwuatu further directed the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.

The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, who argued that Hon. Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), as there was no division within the PDP to justify his action.

But convener of the coalition, Lukman Muhammad, who addressed journalists at a press conference in Abuja on Saturday, said Hon. Gummi’s defection was a direct result of the unresolved internal crisis within the PDP, which, according to him, crippled the lawmaker’s ability to effectively represent his constituents.

He said: “We believe the court’s decision was unjust and failed to consider the circumstances surrounding Hon. Gummi’s defection. Gummi’s decision to join the APC was necessitated by the unresolved internal crisis within the PDP, which hindered his ability to effectively represent his constituents.

“We affirm that Hon. Gummi’s right to choose his political affiliation is protected by the Constitution and should be respected. We stand for democracy and the rule of law, while also urging the judiciary to consider the will of the people and the greater good”.

He urged Justice Egwuatu to review the judgment, stressing that the ruling could set a dangerous precedent that undermines the principle of fair representation and the rights of elected officials.

The coalition further noted that the judgment has broader implications for Nigeria’s democratic process, as it raises questions about the extent to which lawmakers can exercise their constitutional freedom of association without fear of losing their mandate.

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PDP, NNPP, Others Blame Tinubu For Defections To APC 

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Opposition parties have accused President Bola Tinubu of using public resources and anti-graft agencies to pressure opposition members into joining the All Progressives Congress (APC).

The parties stated that the APC was on the verge of collapse following the recent wave of defections from opposition parties into its ranks.

In separate interviews with The Tide source, spokespersons for the Peoples Democratic Party (PDP), New Nigeria Peoples Party (NNPP), and the Coalition of United Political Parties (CUPP) —Debo Ologunagba, Oladipo Johnson, and Mark Adebayo – respectively, said an implosion was imminent in the APC.

But the APC Director of Publicity, Bala Ibrahim, stated that recent defections to the party were voluntary and inspired by the ruling party’s achievements, not through coercion. He added that the APC was well-structured, capable of managing its internal affairs effectively, and therefore would not experience any internal crisis.

In recent months, the ruling APC has continued to receive several high-profile politicians from opposition parties, particularly the PDP. Among those who have joined the APC are Akwa Ibom State Governor, Umo Eno, Delta State Governor, Sheriff Oborevwori, and the PDP’s 2023 vice-presidential candidate, Ifeanyi Okowa.

Most recently, members of the Enugu State Executive Council defected to the APC, a move followed by Governor Peter Mbah’s official declaration for the ruling party on October 14 in Enugu.

On October 15, Bayelsa State Governor, Douye Diri, announced his resignation from the PDP. Although he has yet to join another party, speculation is rife that he is on his way to the APC.

Similarly, Taraba State Governor, Agbu Kefas, confirmed last Wednesday that he would be joining the APC.

Numerous other politicians, including several lawmakers, have also abandoned their parties to align with the ruling APC.

In his reaction, Hon. Ologunagba predicted an imminent crisis within the APC, expressing confidence that those who defected would eventually return to the PDP.

He stated, “This is the major political party (PDP), and it is the only democratic party in the country. It has structures cutting across all the local governments, all the wards, and of course all the states. In every home, there are members of the PDP, and that is why the APC are jittery, and that is why they are coercing our members, using state resources and state agencies to force members of opposition parties to join the ruling party.

“But in all this, we are sure and confident that very soon, the APC will implode because it is a multipurpose political vehicle that is not going to last. It is going to implode.

“Many Nigerians will see through it and know that the party is not a political party that protects the interests of the citizens. So, they are going to leave the party and move to the major political party, which is the PDP. We are optimistic that before 2027, many Nigerians will join us because this is the truly democratic party and the only party that is out there to protect their interests.”

On his part, Mr Johnson of the NNPP lamented that the wave of defections posed a serious threat to the country’s democracy.

Mr Johnson said, “This is bad for democracy. For our type of democracy, it is important to have a proper and effective opposition. Already, we’ve seen a blurring of lines between the legislature and the executive; some would even say the judiciary. I hope not. I think many people are observing the trend and are unhappy. However, we need to be a bit more patient and see what happens soon.

“When the PDP was in power for 16 years, it was the party many people rushed into. Over time, it imploded, and many of those who joined it turned against it. So, I see that happening to the ruling APC. Definitely. This is because of the nature of Nigerian politicians; many are driven by personal interests. I always say that Nigeria can never truly be a one-party state. Even if only one party exists, it will become factionalised, with different interests and power blocs. Those pushing the country toward a one-party system may not have studied Nigeria’s political history carefully.”

In his remarks, CUPP’s Adebayo stated that the pattern of defections among politicians, particularly governors and lawmakers, was a deliberate strategy by the ruling party to transform the country into a one-party state.

Mr Adebayo said, “It is not accidental; it is a deliberate and strategic effort to entrench a one-party dictatorship. Whether these defections are forced or coerced, one thing is clear: it is an intentional action driven by the ruling party, particularly the President.

“This development is unhealthy for our democracy. It is shameful and stands against everything democratic principles represent. It is inimical to the growth and development of Nigeria as a democratic nation and poses a grave threat to our political stability.

“The implosion of the APC will come before or once it loses power. Most Nigerian politicians lack ideological grounding or principles; their loyalty lies only with the party in power. Political affiliation is tied to ideology and conviction, not convenience. However, the ideology of most politicians is simply the ruling party. If tomorrow the ADC, Labour Party, or SDP wins the presidency, many of these same politicians will abandon the APC overnight. They have no shame, no conviction, and no conscience. Their only motivation is proximity to power.”

In response, Mr Ibrahim of the APC maintained the APC would not face any internal crisis, asserting that it has the capacity to effectively manage its affairs, unlike the opposition.

He stated, “The fact that the opposition are not organised and they cannot organise primaries, neither can they manage their parties, does not mean we are on the same boat with them. Our party, the APC, has been conducting primaries successfully and rancor-free.

“So, the fact that they don’t know how to manage their party does not mean that is the way we run our own party. The APC does not coerce anyone to join. Those joining are doing so willingly because of President Bola Tinubu’s Renewed Hope achievements. Our party is fully prepared. It’s not going to implode; it’s not going to have any issues similar to the issues they have been having.”

 

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Ndume Blames FG, Senate For Nigeria’s ‘Country Of Particular Concern’ Designation By Trump

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Former Senate Chief Whip and current Senator representing Borno South, Ali Ndume, has blamed the President Bola Tinubu’s administration and the Senate for the tagging of Nigeria by the United States President, Donald Trump, as ‘Country of Particular Concern’.

Senator Ndume, in a statement on Saturday in Abuja, accused both the executive and legislative arms of complacency, saying their failure to proactively engage the United States government on the alleged persecution of Christians in Nigeria led to the development.

The senator recalled that he had earlier sponsored a motion in the Senate on “Christian genocide” in the country. The motion, he said, led to resolutions mandating the Nigerian government to engage the U.S. with verified facts and figures.

President Trump, last Friday, announced the designation of Nigeria as a ‘Country of Particular Concern’ over alleged persecution of Christians.

President Trump made the announcement via a post on his Truth Social platform, which was also shared on the official White House X handle.

“Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter,” President Trump wrote.

But the Nigerian government swiftly rejected the claims, insisting that President Trump’s assessment did not reflect the true situation in the country.

However, Senator Ndume accused the President Tinubu’s administration and the Senate of treating the allegation raised by US lawmaker, Riley Moore, with complacency, prior to President Trump’s declaration, and urged the federal government to take urgent steps to engage the US government with facts and figures on the activities of terrorists organisations which, he noted, were blind to faith.

“I have alerted the government, I even moved a motion. Nigeria is a sovereign state, it isn’t about what the United States can do to us, but about the misconception and the ripple effects of classifying us as a country of concern.

“We should engage the American government by presenting facts and figures. By engaging the US government, we should demand that they hear the other side of the story from the Nigerian government and the Muslim community. Muslims have been killed too. The genocide isn’t against Christians but Nigerians generally,” he said.

 

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