A five-member panel of the apex court, led by Justice Inyang Okoro, adjourned the matter for judgment after all the parties adopted their final briefs of argument.

Specifically, the appellants, through their legal team headed by Chief Akinolu Olujimi (SAN), prayed to the court to sack Governor Ahmadu Fintiri of Adamawa State from office.

They urged the Supreme Court to set aside the concurrent verdicts of the Court of Appeal and the Adamawa State Governorship Election Petitions Tribunal, which upheld Fintiri’s re-election.

Binani maintained that she polled the majority of valid votes cast at the election and was validly declared the winner by the state’s Resident Electoral Commissioner, REC.

However, Fintiri, through his lawyer, Damian Dodo (SAN), urged the apex court to dismiss the appeal and validate his election victory.

The appellate court had, in a judgment it delivered on December 18, 2023, dismissed Senator Dahiru’s appeal, even as it awarded a cost of N1 million against her.

While affirming the election of Governor Fintiri, who was the candidate of the Peoples Democratic Party (PDP, the appellate court held that Senator Dahiru’s appeal was vague.

The election

The Independent National Electoral Commission, INEC, had at the end of a supplementary election held in Adamawa State, announced that Fintiri polled 430,861 votes to defeat Binani of the APC who got a total of 398,788 votes.

Dissatisfied with the outcome of the poll, Binani approached the tribunal. She alleged that the election was fraught with corrupt practices and manifest non-compliance with provisions of the Electoral Act 2022.

She urged the Justice Theodora Obi Uloho-led tribunal to declare that she was the valid winner of the governorship election. The panel refused and dismissed her petition.

While affirming the decision of the tribunal, the appellate court, in its lead verdict that was read by Justice Ebiowei Tobi, held that the 27 grounds of appeal the APC candidate brought before it, lacked competence.

It held that the appellants failed to, by way of credible evidence, substantiate the allegations they raised against the outcome of the election. It stressed that their claim that electoral fraud took place in 14,104 polling units in the state was not proven.

More so, the court noted that the record of proceedings transmitted from the tribunal, as well as the briefs of argument that were filed by the appellants, were incomplete.

The appellate court further emphasised that only a Returning Officer at an election has the statutory power to declare the results of the election.

REC suspended

It will be recalled that the Federal High Court sitting in Abuja had earlier granted INEC the permission to prosecute its suspended Resident Electoral Commissioner, REC, in Adamawa State, Hudu Yunusa-Ari.

Yunusa-Ari is facing a six-count charge over alleged unlawful role he played in the Adamawa State governorship election held on March 18.

INEC had initially declared that the gubernatorial election was inconclusive and ordered a supplementary poll.

However, midway into the collation of results of the supplementary poll held on April 15, the suspended Adamawa REC, Yunusa-Ari, sidelined protocols and announced the APC candidate, Binani, as the winner.

The action elicited instant reactions. The electoral body not only voided Yunusa-Ari’s action but equally placed him on an indefinite suspension.

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Pointing out that the Supreme Court verdicts will ensure democratic stability in Nigeria, the PDP-GF congratulated the PDP governors and expressed conviction that citizens’ aspirations towards democratic evolution and progress have been brought closer to reality.

The PDP-GF stressed this in a statement issued by its Director-General, C.I.D. Maduabum in Abuja on Friday, January 12.

“It is reassuring to note that the will and votes of the greater majority in their respective states have been formally validated by the Supreme Court.

“The PDP-GF, in several meetings and statements, affirmed their strong belief in the ability of the Supreme Court to do justice; this belief has been reconfirmed by the Apex Court and we commend the Supreme Court for living up to the expectations of the Nigerian people.

“These verdicts represent a triumph of democracy, rule of law, and due process in Nigeria; they reaffirm the sanctity of the ballot as the determining factor for democratic legitimacy.

“The Forum is further strengthened to continue to be a critical voice for the enthronement of good governance and defence of the Nigerian people.

“The Forum prays for wisdom and God’s favour in the lives of the respective governors, as the affirmation of these mandates has cleared the path for them to continue in the enormous tasks of rendering selfless and excellent services to their people and taking their states to greater heights.”

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Both the APC and Binani have in separate reactions asserted that the tribunal will not be the stop for them as they would seek answers to their queries in higher jurisdictions.

Fintiri was earlier on Saturday affirmed by the Adamawa State governorship election petitions tribunal as the validly elected governor of the State, saying Binani was unable to prove her case against Fintiri, and that the suspended resident electoral commissioner, Hudu Ari-Yunusa, was wrong to have declared Binani winner at a time in the course of announcing results of the election.

Responding to the judgement, however, the state Chairman of the APC, Idris Shuaibu, said the verdict was a shock to him and the APC, but that they were not alarmed.

He said: “We have hope, as we have two more avenues after tribunal to express our grievances and for the tribunal judgement to be upturned.”

Shuaibu said the party would liase with the national leadership to apply for the certified records of the judgement and head for the Court of Appeal, because, in his words, “This judgement is not the true reflection of Adamawa voters’ mandate.”

Speaking in the course of an interaction with newsmen, the APC State chairman thanked party members for all efforts shown before, during and after the Saturday tribunal judgement.

“The APC in Adamawa State is no doubt focused and resolute to pursue all legal means to get our mandate,” Shuaibu said.

Speaking in the same vein, Binani has said that though her faith was not in her own hands, she was sure that all avenues would be exploited to address her case.

“It’s no longer about Binani. The next step is a collective undertaking. Tribunal is just the first stage, there are the appeal and the supreme courts. We shall make the next steps known after consultations in due course, in God’s name.”

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The three-member panel on Saturday dismissed the petition filed by Aisha ‘Binani’ Dahiru, candidate of the All Progressives Congress (APC) in the March 18 election.

Binani had approached the court with a petition seeking to nullify the election of Fintiri.

She had alleged that the poll was marred by alleged vote buying, thuggery, and over-voting.

THE CONTROVERSY ADAMAWA ELECTION

On March 20, the Independent National Electoral Commission (INEC) declared the Adamawa governorship election inconclusive.

Mele Lamido, the returning officer, had announced that Fintiri scored 421,524 votes while Binani polled 390, 275.

He said the margin between the two top candidates was less than the total number of potential voters — 37,016 — in 69 polling units where elections were cancelled.

After the election was declared inconclusive, INEC fixed April 15 for the conduct of the supplementary election.

However, after the conduct of the supplementary poll, controversy ensued at the collation of the results after Hudu Yunusa-Ari, the resident electoral commissioner (REC) in the state, who was later suspended, declared Binani as the winner of the election.

Yunusa-Ari announced Binani as the election winner in the absence of the returning officer.

However, the electoral commission declared the announcement null and void and summoned the REC to its headquarters in Abuja and also continued the collation of the suspended results.

The final results showed that Binani scored 398,788 votes, while Fintiri had 430,861 votes to win the poll.

After the election, Yunusa-Ari was arrested and handed over to police for prosecution.

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According to a statement by Humwashi Wonosikou, the governor’s chief press secretary, the curfew was necessary due to the activities of hoodlums in Adamawa.

Wonosikou said there will be no movement throughout the state during the curfew and anyone found not complying would be arrested.

“The Governor of Adamawa State, the Rt Hon Ahmadu Umaru Fintiri has declared a 24-hour curfew on the state, effective immediately Sunday 30th July, 2023,” the statement reads.

“Governor Fintiri said the curfew followed the dangerous dimension the activities of hoodlums had assumed across the state capital as they attack people with matchet and break into business premises and homes carting away property.

“With the curfew imposed, there will be no movement throughout the state.
Rt. Hon. Fintiri said only those on essential duties with valid identification would be permitted to move around during the period of the curfew.

“The Governor is appealing to citizens and residents of the state to comply with the directive, adding that any person found contravening the order would be arrested and made to face the wrath of the law.”

In April, Fintiri had vowed that his administration will address insecurity in the state by procuring more sophisticated gadgets.

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Aggrieved governors, under the aegis of G5, shunned a scheduled parley with the party’s presidential candidate in the February 25 elections, Atiku Abubakar, his running mate Governor Ifeanyi Okowa, and other party leaders.

During the meeting at Transcorp Hilton Hotel, Abuja, Atiku emphasised the need to reposition the main opposition party.

Although G-5 Governors – Nyesom Wike (Rivers), Seyi Makinde (Oyo), Samuel Ortom (Benue), Okezie Ikpeazu (Abia) and Ifeanyi Ugwuanyi (Enugu), were invited to the interactive session by Chairman of PDP Governors Forum, Sokoto State Governor Aminu Tambuwal, they declined.

None of them sent a representative.

Tambuwal had planned to bring Atiku, Okowa, PDP leadership and G5 governors  together under the same roof, following their parting of ways before the  general election.

A statement by the Director-General of the PDP Governors Forum, CID Maduabum, stated that the event was meant to serve as an opportunity for PDP leaders, stakeholders and members to come together for the first time after the election.

It was gathered that the organisers had planned to explore the possibility of initiating discussions that could birth a fresh reconciliation process.

Although, Enugu State governor-elect, Peter Mbah attended the meeting, Ugwuanyi stayed away.

Rivers State governor-elect, Simi Fubara did not attend the event, apparently because Governor Wike also did not show up.

Led by Wike, the G-5 had been at loggerheads with Atiku and the party leadership owing to disagreements over presidential nominations and failure by the party to zone the ticket to the South.

Atiku lamented the decline of the PDP, from its dominant position in 1999 with 28 governors, to its present 13 in 2023.

He said the party had been plagued with leadership challenges from the time it came on stream, regretting that the challenges have continued to escalate over the years, leading to the loss of its strongholds.

Atiku said: “Our party has been declining as a result of these challenges. This has necessitated the urgent need for reforms to enable the PDP regain its preeminent position in Nigeria’s political space and also in Africa because we are the largest political party in Africa.”

Former Vice President Namadi Sambo lamented over what he described as divisive tendencies tearing the Kaduna State chapter of the PDP apart.

He complained that party members were being suspended arbitrarily, adding that “all ingredients for trouble” were present in the running of the chapter.

Sambo called for the intervention of the national leadership to prevent the crisis from getting out of hand.

The PDP Acting National Chairman, Umar Damagum, urged the party’s first time governors-elect to follow in the footsteps of the PDP governors and strive to improve on their performances in office.

He said: “States governed by the PDP have always stood out in terms of development, urging critical organs of the party to work together for its good.” Governors at the meeting were Ahmadu Fintiri (Adamawa), Bala Mohammed (Bauchi), Godwin Obaseki (Edo), Duoye Diri (Bayelsa), Aminu Tambuwal (Sokoto) and Ifeanyi Okowa (Delta).

Other governors-elect who attended were Dauda Lawal (Zamfara), Sheriff Oborevwori (Delta), Caleb Mutfwang (Plateau) and Agbu Kefas (Taraba). The Akwa Ibom governor-elect, Umo Bassey Eno was represented by his deputy. The Akwa Ibom Governor, Udom Emmanuel, also did not attend.

Also in attendance were a former Bayelsa governor, Senator Seriake Dickson, former Governor Babangida Aliyu of Niger State, Acting chairman of the Board of Trustees (BoT) Senator Adolphus Wabara and a former Senate President, Dr. Bukola Saraki.

Former Governors Ayo Fayose (Ekiti), Olusegun Mimiko (Ondo), Ibrahim Dankwabo (Gombe), who chaired the PDP Governors Forum in the past and who were listed to be honoured, did not attend the event.

A former Director-General of the Lagos Chamber of Commerce and Industry, Dr Muda Yusuf, who delivered a keynote address, urged governors to do more of peer review across party lines.

Yusuf warned the governors against over dependence on federal allocation, saying that the trend has weakened initiatives and engendered lack of fiscal resilience in many states.

He urged the states to embrace the Treasury Single Account, noting that some states have already keyed into the system.

Yusuf enjoined the governors to also key into biometric registration of workers and pensions to block revenue leakages.

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Mele Lamido, the returning officer for the Adamawa governorship election, declared Fintiri as the winner after the collation of the supplementary election results.

The final results show that Aisha Binani, candidate of the All Progressives Congress (APC), scored APC 398,788 votes, while Fintiri, the incumbent governor, and candidate of the Peoples Democratic Party (PDP) had 430,861 votes to win the poll.

ADAMAWA GOVERNORSHIP ELECTION RESULT

APC 396,788

PDP 430,861

Total number of registered 2,196,566

Accredited voters 876,387

Valid votes 853,819

Rejected votes 15,287

Total votes cast 869,106

Details shortly…

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Fintiri made this known on Saturday in Yola while receiving report by a 67-man State Transition Committee.

He said findings by the committee revealed lots of breeches and mismanagement of government’s funds that needed to be looked into.

“We shall rise and boldly face the challenges, fully conscious that we were voted to fix them. We will not turn a blind eye to breaches of the law, mismanagement of funds, or abuse of privilege.

“Adamawa State, our only home has been battered and bruised but I am optimistic that it will heal.

“Let me restate the call on our people to join hands in the task of correcting the ills of the past. In doing so, we shall not hesitate to step on toes where public interest has been compromised.

“As a corrective government popularly elected by the people, we will not hesitate to step on toes in the interest and advancement of public good,” Fintiri said.

While lamenting that the outgoing administration received about N332 billion federal allocation with nothing much to show, Fintiri said his administration would look into the report in detail with the aim of implementing its salient recommendations.

Presenting the report earlier, the Chairman of the committee, Alhaji Aliyu Isma’la, said the outgoing administration messed up the state in various sectors and is leaving a debt of N115 billion.

“It is disheartening to note that the outgoing government had, from inception, always been taking over-draft to augment salary payments while internally generated revenue were being collected but not applied judiciously in the interest of tax payers in the state.

“While also the government had failed to create businesses for the state and even resort to the sales of state-owned assets in corporate organizations simply to service personal interest, ” he said.

Ismaila said that the committee found out that some of the lands sold out by the outgoing administration included school land and a historical German cemetery of 1948.

The News Agency of Nigeria (NAN) reports that Fintiri of PDP defeated Gov. Bindow of APC in the general election.

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Fintiri, who emerged winner on the platform of Peoples Democratic Party (PDP), made the promise on Friday while speaking with newsmen in Yola.

He defeated incumbent Gov. Muhammadu Bindow of All Progressives Congress (APC) and 28 other candidates in the just-concluded supplementary governorship election.

“I will give civil service priority attention and make it more effective. As a matter of matter of priority, I will be first to implement it, so that we don’t experience any workers strike,” Fintiri said.

He also assured students that his administration would be committed to resuscitating scholarship scheme, youth empowerment and other programmes to move the state forward.

“We are also going to pay WAEC and NECO fees for students to reduce burden on parents,” Fintiri said.

He thanked the people of the state for electing him and promised not to disappoint them.

“The people have given us their mandate and God has actualised it today. We will ensure that we deliver on our campaign promises and manifesto to them.

“We urged them to remain calm, law-abiding as they celebrate and wait for our swearing-in ceremony,” Fintiri said.

Fintiri a former Speaker of Adamawa State House of Assembly and Acting Governor, emerged winner scoring 376,552 votes to beat his closest rival, Gov. Bindow who scored 336,386 votes.

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Andrew Haruna, returning officer for the election, made the declaration at the INEC office in Yola, the state capital, on Friday morning.

Haruna said the PDP candidate scored 376,552 votes to beat Jibrila Bindow, candidate of the All Progressives Congress (APC) in the election and the incumbent governor, who scored 336,386 votes, leaving a margin of 40,166 between the two candidates.

The March 9 election in the state had been declared inconclusive because the number of cancelled votes was higher than the margin between Fintiri and Bindow.

But for a suit filed by one of the governorship candidates, the Adamawa supplementary election would have held on Saturday.

Mustafa Shaba, governorship candidate of the Movement For Restoration and Defense for Democracy (MRDD), had sued the commission over the absence of his party’s logo on the electoral materials for the March 9 election that was declared inconclusive.

A federal high court in Abuja which had stopped the elections initially later asked INEC to procceed with it.

Bindow is the second sitting governor to have lost his reelection bid in 2019. Bala Mohammed of the PDP, unseated Mohammed Abubakar of APC on Saturday.

The Adamawa governor-elect was speaker of the state assembly. He served as acting governor when Murtala Nyako was impeached in 2014.

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