The Governorship Election Petition Tribunal sitting in Yola, Adamawa State, on Saturday, dismissed the petition filed by Senator Aishatu Dahitu Binanni and upheld the election of Governor Ahmadu Fintiri of the People’s Democratic Party (PDP) as the elected governor of the state.
Justice Theodora Obi Uloho, the chairperson of the tribunal, while delivering the judgment that lasted for six hours and 48 minutes, dismissed the application filed by the APC governorship candidate, Senator Binnani, because her petition lacked legal ingredients to upturn Fintiri’s victory.
Uloho stated in her 176-page judgment that the petitioner failed to prove her allegation of overvoting by not tendering documents to prove her case.
Citing Section 51 of the electoral act and the Supreme Court judgment on Oyetola vs Adeleke, Justice Uloho said that to prove the allegation of overvoting, the petitioner must present before the tribunal the voters’ register of the affected areas to confirm the number of registered voters.
“The petitioner must tender the Bi-modal Voters Accreditation System (BVAS) machine to prove the number of people accredited for the election in each of the affected polling units, wards, and local government. The petitioner must provide Form C8 to prove that the election took place in those polling units, wards, and local government,” the tribunal ruled.
The judge pointed out that the petitioner’s failure to tender those exhibits made the case a mere academic exercise.
On the allegation of non-compliance, the tribunal pointed out that the petitioner woefully failed to mention the polling units, wards, and local governments where there was non-compliance during the election conducted on March 15 and April 18, 2023.
The judge said the petitioner failed to comply with Sections 104, 87, 68, 83, and 93 sub-section 3 of the Evident Act 2011, which made her case impotent.
On the declaration of Binnani as the winner of the gubernatorial election by Hudu Yunusa Ari, the then Resident Electoral Commissioner (REC), while result collation was still ongoing, the judge described Ari’s action as reckless, adding that he invaded the duties of the Returning Officer.
Citing sections 25, 152, and 64 of subsection 4 of the Electoral Act, the judge said that only the returning officer has the power to collate results, announce the winner of the election, and thereafter hand the result sheet over to the REC for safekeeping.
“The Adamawa REC unlawfully declared the APC governorship candidate, Binnani, winner of the election when collation of results was still ongoing. REC is not and cannot play the role of the returning officer. The declaration of Hudu Yunusa Ari is null. Hudu’s announcement was founded on nothing, and it cannot stand before the law,” she stated.
