Adamawa State Governorship Election Petitions Tribunal sitting in Yola, Adamawa State on Saturday, dismissed petition filed against Governor Ahmadu Umaru. NEWS PLATFORM
The petition was filed by the Governorship Candidate of the All Progressives Congress, Aishatu Dahiru Binani and her party challenging the election of Governor Fintiri of the PDP.
Delivering judgement, the Chairman of the 3-member panel, Theodora Obi Uloho, said that petitioners woefully failed to establish their allegations of non- compliance with the electoral act and prove their case with cogent, credible and satisfactory evidence.
According to her, all documents tendered by the petitioners were dumped on the tribunal and that their star witness did not demonstrate any of the documents to link it with any of their material allegations in the petition.
She said that the court is an adjudicator and not an investigator, saying that all the witnesses of the petitioners came with documentary hearesy and failed to prove their case beyond reasonable doubt.
On declaration of Binani as winner of the poll by the suspended REC,Barr. Hudu Ari Yunusa, she declared that the declaration by Hudu is null and void and that the former REC acted Recklessly because it is not his function to collate, announce and declare winner of the election.
She added that the role of Barr. Hudu Ari is supervision and administration, saying it is the Returning Officer (RO) that is empowered by law to collate, announce and declare the winner of elections.
She said that the petitioners also failed to prove beyond allegation of over-voting and non accreditation of voters, saying that the petitioners ought to tender BVAs used in conducting election across all polling units.
In their petition marked No. EPT/AD/GOV/1/2023, Binani and APC joined the Independent National Electoral Commission, INEC, Ahmadu Umaru Fintiri and the PDP, as 1st to 3rd respondents respectively.
Binani and APC jointly filed the petition on the 6th May, 2023, alleging that the election conducted on the 18th March, 2023 and 15th to 18 April, 2023 was marred by thuggery, ballot papers and BVAs snatching, harassment of the electoral officers and several other offences.
According to them, the election was violated by substantial non-compliance with and breaches of the mandatory statutory requirements of the Electoral Act and regulations made thereunder, which substantially affected the validity of the election that none of the candidates can be validly returned as having won the election.
The petitioners averred that Fintiri's election was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022, arguing that Fintiri was not duly elected by the majority of lawful votes cast during the election.
Binani asked the tribunal to declare her validly elected and return as winner of the exercise, and also prayed for an order of the tribunal directing INEC to issue her with certificate of return as the duly elected Governor of Adamawa state.
Equally, she sought for an order declaring null and void the certificate of return issued to the 2nd respondent, Governor Fintiri by the electoral umpire, and alternatively order INEC to conduct fresh governorship election in the state.
In his reply, Ahmadu Umaru Fintiri, vehemently denied all the catalogue of allegations as contained in the petition, saying that the election was conducted in substantial compliance with the Electoral Act 2023.
Fintiri told the tribunal that the election was credible, free, fair and transparent and in total compliance with the Electoral Act and urged the tribunal to dismiss the petition in its entirety for lacking in merit and being incompetent.
He further informed the tribunal that the teeming electorate in Adamawa State overwhelmingly voted for him and duly returned winner of the exercise by electoral body and prayed the tribunal to uphold his election. NEWS PLATFORM
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