Supreme Court Dismisses Binani’s Appeal, Affirms Fintiri’s Victory

The Supreme Court yesterday affirmed the victory of the Peoples Democratic Party (PDP) candidate in Adamawa State in the March 18, 2023 governorship election, Adamu Fintiri, as duly elected governor.

The apex court berated the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) in the state, Hudu Yunusa Ari, for declaring the candidate of the All Progressives Congress (APC), Aishatu Ahmed Dahiru (Binani), winner of the election.

It said Ari’s announcement of the election result before the outcome of the supplementary election “was an act of irresponsibility and criminality”.

The Supreme Court urged election stakeholders to ensure that only persons with dignity and integrity, who are not “bulls in a China shop” are appointed to handle election matters.

In its lead judgment on the appeal filed by Aishatu and the APC seeking to void Fintiri’s victory, a five-member panel of the apex court, presided over by Justice John Okoro, was unanimous in dismissing the appeal.

In the lead judgment, Justice Okoro held that the appellants failed to prove their claims that they won the election and that it was marred by non-compliance with the Electoral Act and the Constitution, among others.

He held that as was rightly held by the Court of Appeal in its earlier judgment on the case, “Section 149 of the Electoral Act only validates action legally made by an official of INEC.

“It does not validate any action taken by an official of the commission, which is contrary to the Constitution and the Electoral Act or rules made thereto to cover the conduct of the election.

“Section 149 of the Electoral Act will only apply if the action taken is in accordance or in compliance with the provisions of the Constitution or the Electoral Act.”

Also, reacting to his triumph at the apex court, Fintiri urged his opponents to work with his administration to take Adamawa State to greater heights.

Addressing reporters in Abuja, the governor thanked the people of Adamawa State for standing by him from tribunal to the Supreme Court.

He said the judgment had spurred him to do more for the state and urged opposition leaders and all other citizens of the state to join him.