The Court of Appeal sitting in Abuja on Monday dismissed the appeal filed by Senator Aishatu Dahiru Binani of the All Progressives Congress (APC), challenging the election of People’s Democratic Party (PDP)’s Ahmadu Umaru Fintiri as governor of Adamawa State.
In a unanimous decision by the three-member panel by Justice Tunde Awotoye, the court dismissed the prayers of Binani for lacking merit.
It also held that the record of appeal used in challenging the judgment of the tribunal was incomplete thereby making the appeal incompetent.
The court said the appellant abandoned the petition at the lower tribunal and presented inconclusive evidence to prove allegations of non-compliance.
Awotoye faulted the appellant for dumping documents before the court, adding that the witnesses called by the petitioners/appellants were not only inappropriate but not relevant.
The appellate court ruled: “We found no reason to set aside the earlier judgment of the Adamawa State Governorship Election Petition Tribunal, which upheld the declaration of Fintiri of the People’s Democratic Party, PDP, as the winner of the gubernatorial contest.
Awotoye said: “The evidence of the appellants at the Tribunal was hearsay evidence which deserves to be ignored.
“I hold that this appeal lacks merit and is dismissed.”
The court approved the cost of N500,000 in favour of each of the second and third respondents (Fintiri and PDP).
Persecondnews recalls that the Adamawa State Governorship Election Petitions Tribunal has affirmed the election of Gov. Ahmadu Fintiri in the March 18 poll, dismissing the petition by the candidate of the All Progressives Congress (APC), Aishatu Binani.
Delivering the judgment, Justice Theodora Uloho, the chairperson of the tribunal, said the petition failed to establish the allegation of non-compliance with the Electoral Act during the election.
The Independent National Electoral Commission (INEC) had declared Mr Fintiri as the winner after a supplementary election on 18 April.
He polled 430,861 votes to defeat Ms Binani who scored 398,788 votes.
However, Ms Binani filed a petition challenging the declaration, alleging that the election was not conducted in substantial compliance with the electoral act.
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