…Section 149 of the Electoral Act was revisited; read, analysed and the final interpretation reserved for determination by the jury…
…Who’s hat has the state at heart?
The Supreme Court has reserved judgment in the appeal filed by the All Progressives Congress (APC) governorship candidate, Senator Aishatu Dahiru Ahmed, a.k.a Binani against INEC’s declaration of Rt Hon Ahmadu Umaru Fintiri, a.k.a Fresh Air as the winner of the 2023 governorship election in Adamawa State.
The tribunal and court of appeal have earlier dismissed Binani’s petition, affirmed and reaffirmed INEC’s declaration. Binani’s teeming supporters were however not convinced with the judgments and have insisted that their governorship candidate must head to supreme court to clear technicalities and reclaim legitimate mandate.
The main contention of Binani, through her counsel, Akin Olujimi SAN, at the day’s proceeding, is that the controversial declaration by the Resident Electoral Commissioner, (REC) Hudu Yunusa Ari Esq, was lawful.
Hudu, in what he thought best as a means to address challenges associated with collation irregularities, as an INEC official, declared Binani as the winner of the governorship election.
Later, INEC, not competent court of law or tribunal, nullified Hudu’s pronouncement and eventually declared Fintiri as the highest scorer of votes.
Section 149 of the Electoral Act states that “Notwithstanding any other provisions of this Act, any defect or error arising from any actions taken by an official of the Commission in relation to any notice, form or document made or given or other things done by the official in pursuance of the provisions of the Constitution or of this Act, or any rules made thereunder remain valid, unless otherwise challenged and declared invalid by a competent court of law or tribunal”.
It was considered, read, analysed and the final interpretation reserved for the jury to determine.
The five-member panel led by Justice John Inyang okoro adjourned the matter for judgment after listening to the arguments of the parties involved in the matter.
Present at the court supporting PDP’s Fintiri include the three Senators and about two house of representatives from Adamawa with the party’s state organising secretary Hamza Madagali and Stephen Maduwa
On the side of the APC governorship candidate Binani include Deputy governorship candidate Hon Titsi Ganama, DG Campaign Organisation Sen Ahmed Hassan Barata, Prof Ahmed Modibbo Mohammed, Prof Alkasum Abba, Alhaji Aminu Iya and Hon Bless Hungushi