The Court of Appeal sitting in Abuja on Monday, December 18, 2023 upheld the election of Governor Ahmadu Fintiri of Adamawa State.
The appellate Court dismissed the appeal filed by the Governorship candidate of the All Progressives Congress (APC), in the March 2023 election, Senator Aisha Dahiru Binani.
A three-man panel of the Appellate Court led by Justice Tunde Awotoye held that Binani’s brief was invalid thus struck out for being incompetent.
Justice Awotoye, who read the judgement also held that the appellants filed an incompetent record of appeal contrary to the practice directions of the court and therefore tried to make the Appeal Court speculate.
The Court particularly held that Binani’s allegations of corrupt practices were not backed by sufficient evidence and were rightly struck out by the Tribunal, stressing that the evidence of the appellants at the Tribunal was hearsay evidence which deserves to be ignored.
Justice Awotoye said; “I hold that this appeal lacks merit and is hereby dismissed”.
Accordingly, it ordered Senator Binani and the APC to pay N1 million to Governor Fintiri and the Peoples Democratic Party (PDP) for filing what it described as “vague” application.
Binani had appealed against the decision of the Adamawa State governorship election petition tribunal, which upheld Fintiri’s election.
Fintiri was declared winner of the Adamawa Governorship election after the conduct of a supplementary poll by INEC with 430,861 votes as against Binani of the APC who recorded 398,788 votes.
Binani after the election headed to the tribunal citing allegations of corrupt practices and non-compliance with the provisions of the Electoral Act.
However, the Adamawa State Governorship Election Petition Tribunal dismissed Binani’s petition on the ground that she failed woefully to establish the allegations of non-compliance with the Electoral Act and prove their case with cogent, credible and satisfactory evidence.
Counsel to Binani, Chief Akin Olujimi, SAN urged the Court of Appeal to declare that the tribunal erred in law based on his 27 grounds of appeal.
