All Progressives Congress (APC) and its candidate in the March 18, 2023 gubernatorial election in Adamawa State, Aisha Dahiru, have lost their legal battle to unseat Umar Ahmadu Fintiri as governor of Adamawa State.
  
The apex court, in its ruling, yesterday, dismissed Binani’s petition for lacking in merit. In a unanimous judgment delivered by Justice John Inyang Okoro, the Supreme Court held that the Resident Electoral Commissioner (REC), who declared Binani winner of the governorship election, engaged in an act of criminality and irresponsibility.
  
He said Binani engaged in self-deceit by hanging to the unlawful and unconstitutional acts of the REC to hold herself out as winner of the governorship poll.
  
The apex court emphatically held that the REC had no power under any known law to declare election results, as he did in the Adamawa governorship case.
   
Justice Okoro maintained that the only person vested with power to make declaration on election is the Returning Officer (RO), appointed by the Independent National Electoral Commission (INEC).
  
The Supreme Court said the mere pronouncement of Binani and APC as winners by the REC was not in any way helpful to them, adding that the REC ought to have appeared before the Adamawa State Election Petitions Tribunal to give evidence, defend and justify the declaration.
  
Justice Okoro held that Binani and APC did not in anywhere establish with any oral or documentary exhibit that they won majority of lawful votes cast at the election, other than the purported declaration made by the REC.
  
He warned public officers to always act within the law in the discharge of responsibilities, and not get carried away by greed, adding that acting in contrary to the provisions of the Constitution and the Electoral Act, in the discharge of public duties, is completely illegal.
  
In the absence of evidence of scoring majority of lawful votes, Justice Okoro dismissed Binani’s petition and upheld the concurrent findings of the Adamawa State Election Petitions Tribunal and Court of Appeal, which earlier returned Fintiri.