The Supreme Court on Wednesday dismissed the appeal of Aishatu Dahiru Binani, the All Progressives Congress (APC) governorship candidate in Adamawa State, who challenged the election of Ahmadu Fintiri of the Peoples Democratic Party (PDP) as the governor of the state.
A five-member panel of the apex court, led by Justice John Okoro, affirmed the concurrent judgments of the Court of Appeal and the Adamawa Governorship Election Petitions Tribunal, which declared Fintiri as the winner of the March 18, 2023 governorship election and the April 16, 2023 rerun election.
The panel held that Binani failed to prove her case with credible and sufficient evidence, and that she did not get the majority of lawful votes cast in the election.
The court also condemned the action of the suspended Resident Electoral Commissioner (REC) in Adamawa State, Hudu Yunusa-Ari, who announced Binani as the winner of the poll while the collation was still in progress.
The court said that this was an act of irresponsibility and criminality, and that only the Returning Officer of the Independent National Electoral Commission (INEC) has the power to declare the results of an election.
The court noted that the REC, who is now on the run, could have been a vital witness for Binani’s appeal, but his absence did not help her case.
The court further stated that INEC, as a constitutional body, has its officials assigned with specific roles and duties, and that they must act within the limits of their powers and not exceed them.
Binani’s lawyer, Akin Olujimi, had argued that the REC acted lawfully when he declared Binani as the winner, based on Section 149 of the Electoral Act.
However, the court rejected this argument, saying that Section 149 only applies if it is in compliance with the Constitution and the Electoral Act. The court stressed that the REC’s conduct was both criminal and irresponsible.
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In its final remarks, the court advised that those responsible for appointing the officials who conduct elections should ensure that they are people of integrity and dignity, and that this is the only way to ensure that the people accept the outcome of elections in Nigeria.
The court also said that “unknown quantity have no business in conducting elections” in Nigeria.