Says Declaration By REC Act Of Recklessness
The Governorship Election Petition Tribunal sitting in Yola, the Adamawa State capital, yesterday upheld the election of Governor Ahmadu Fintiri of the People’s Democratic Party (PDP) as the duly elected governor of the state.
The chairperson of the tribunal, Justice Theodora Obi Uloho, while delivering the judgment that lasted for six hours and 48 minutes, dismissed the application filed by the All Progressives Congress (APC) governorship candidate, Aishatu Binnani, on the grounds that the petition lacked legal ingredients to upturn Fintiri’s victory.
Uloho in her 176 Page judgment noted that the petitioner failed to prove her allegation of over voting by not tendering documents to prove her case.
Citing Section 51 of the Electoral Act and the Supreme Court judgment on Adeleke vs Oyetola, the judge said that to prove the allegation of over voting, the petitioner must tender before the tribunal the Voters Register of the affected areas to ascertain 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 election actually took place in those polling units, wards and local government,” the tribunal ruled.
The judge pointed out that the petitioner’s failure to provide those exhibits made the case a mere academic exercise.
On the allegation of non-compliance, the tribunal pointed out that the petitioner failed woefully to name the polling units, wards and local governments where there was non-compliance during the election conducted on March 15 and April 18, 2023.
Justice Uloho said the petitioner failed to comply with Section 104, 87, 68, 83 and 93 sub-section 3 of the Evident Act 2011, which rendered her case impotent.
On the declaration of Binnani as winner of the governorship election by the then Resident Electoral Commissioner (REC), Hudu Yunusa Ari, when collation of results was still ongoing, Justice Uloho described Ari’s action as reckless, adding that he invaded the duties of the Returning Officer.
Citing section 25,152 and 64 sub-section 4 of the Electoral Act, Justice Uloho said it is only the Returning Officer that has the powers to collate results and announce the winner of the election and thereafter hand over the result sheet to the REC for safe keeping.
“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 roles of the Returning Officer. The declaration of Hudu Yunusa Ari is nullity. Hudu’s announcement was founded on nothing and it cannot stand before the law,” she stated.
