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Nigeria’s Supreme Court has affirmed the election of Adamawa State governor, Ahmadu Fintiri, after dismissing the appeal of Aishatu Dahiru Binani of the All Progressives Congress (APC) laying claim to the governorship seat as the valid winner of the supplementary polls held 16 April, 2023.
Fintiri’s governorship seat was affirmed Wednesday after a five-member Apex Court panel headed by Justice John Okoro dismissed Binani’s appeal for lacking in merit.
In a unanimous judgment, the Apex Court holds that the APC governorship candidate failed to provide credible and sufficient evidence to prove her position that she got the majority of lawful votes cast in the Adamawa Governorship polls.
On the conduct of the Resident Electoral Commissioner (REC), Hudu Ari, the Apex Court panel says his announcement of the election result while collation was ongoing was irresponsible and unlawful.
The Court says it is the Returning Officer of electoral body INEC that has the exclusive powers of declaring results of election. It further adds that the controversial REC, now at large, would have been a key witness to help the Binani appeal, but that his absence hasn’t helped.
Speaking further on the controversial declaration of the Adamawa REC, the Apex Court holds that as INEC is a creation of the Constitution, with officials assigned specific duties and roles, it’s incumbent on these officials to act within the limits of their powers and not exceed such.
Binani’s counsel, Akin Olujimi, had cited Section 149 as the basis for insisting that REC Hudu Ari had acted within the law when he declared her as validly elected. But in the view of the Court, that will only apply if it’s in compliance with the Constitution and the Electoral Act. It says in this instance it stressed in strong terms that the conduct of the REC was both criminal and irresponsible.
In its final analysis, the Apex Court says those saddled with the task of appointment of those conducting elections should ensure that only people of integrity and dignity are appointed. It adds that, that is the only justification people will have to embrace the outcome of elections in Nigeria.
The Apex Court therefore says “unknown quantity have no business in conducting elections” in Nigeria.
By Godfrey Eshiemoghie
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