Adamawa Guber Poll: INEC Can’t Void My Declaration – Binani

• Drags electoral umpire to Court over mandate

BY SEGUN ADEBAYO – The controversy trailing the inconclusive Adamawa State governorship election took a dramatic turn on Monday as the All Progressives Congress (APC) candidate, Senator Aisha Binani Dahiru, dragged the Independent National Electoral Commission (INEC) before a Federal High Court in Abuja.

She is seeking a judicial review of INEC’s decision to void her declaration as the winner of the initial as well as supplementary polls held on March 18 and April 15, 2023.

The lawmaker’s argument is that the Commission has no power to cancel the declaration of a candidate as winner of an election, adding that the power resides in the election tribunal, not INEC.

In an exparte application, Senator Dahiru is also seeking a court order to stop INEC and its agents from taking any further steps towards the declaration of the winner of the elections pending the determination of her application for judicial review.

Pursuing her grounds of argument, the APC candidate said after the collation of results, INEC (the first respondent) declared her the winner of the elections but that the Peoples Democratic Party (PDP) and its candidate, Governor Ahmadu Fintiri (2nd & 3rd respondents) resorted to fighting and causing a public disturbance which led to the beating and manhandling of an INEC officer.

According to her, the said crisis led INEC to cancel the initial declaration which it had no power to do, as only the election petition tribunal is vested with such powers.

Senator Binani is also contending that by cancelling her declaration, INEC usurped the powers of the election petition tribunal which is the only court vested with powers to reverse a declaration in the conduct of an election.

Additionally, the Senator, in presenting relevant documents to the Court through her lawyers led by Hussaini Zakariyau (SAN), stated that a judicial review exists to enable the superior court to check the actions and decisions of inferior courts as well as the legislative and administrative arms of government, including agencies and public officers.

Making further submissions, the APC flag bearer said being an agency of the government, INEC can have its actions, records, and decisions checked by the court, even as she asserted that only a court can nullify the actions of an INEC official, not INEC itself.

PDP Govs To INEC – Stop This National Embarrassment Now

Worried by the current political intrigues in Adamawa State, elected Governors on the platform of opposition Peoples Democratic Party (PDP) have urged the INEC Chairman, Prof Mahmoud Yakubu, to mandate the returning officer, Mele Lamido, to immediately conclude the collation and declaration of the Adamawa State governorship election results.

They are also demanding the immediate removal of partisan and corrupt INEC officials as a way of sanitizing the nation’s electoral process going forward.

For the Governors, there must be a deliberate process of revisiting the appointments of National and Resident Electoral Commissioners to weed out corrupt and partisan officials from the system.

In a statement by the Director-General, PDP Governors’ Forum, Hon. C.I.D. Maduabum, they held that the partisan method of appointing these officials is what has now led to the national disgrace in Adamawa State.

Also, the Governors demanded swift prosecution of the now suspended REC in Adamawa State, Barrister Hudu Yunusa, and all those involved in the saga to serve as an example to others.

The statement further said; “The PDP Governors’ Forum, under the leadership of Rt Hon Aminu Waziri Tambuwal, CFR, strongly condemns the show of shame in Adamawa State on April 18 supplementary governorship election.

“The attempted electoral heist and brigandage perpetrated by the Adamawa State Resident Electoral Commissioner, Barrister Hudu Yunusa, is perhaps the lowest point of the 2023 general elections.”

In praising INEC for taking urgent steps to “recover its battered image by nullifying the attempted coup and suspending the REC,” the PDP governors insisted that the recognized and appropriate Returning Officer, Mele Lamido, should immediately conclude the collation and declare the result.

Maintaining that one of the most important lessons of the 2023 general election season is that the integrity of INEC personnel remains crucial to free, fair, and credible elections as well as deployment of technology, the PDP Governors called for swift and appropriate sanctions, including prosecution of all those involved, especially the former REC, Barrister Hudu Yunusa, to serve as a deterrent to others.

“We enjoin all Nigerians to be on alert as we brace up to emerging threats to our democracy and the struggle for good governance in Nigeria,” the governors said.

PDP Supporters’ Protest Rocks Yola

Tension over INEC’s delay in announcing its decision on Adamawa governorship election rose on Monday as supporters of the Peoples Democratic Party (PDP) protested on the streets of Yola, the State capital, demanding that the results of last Saturday’s governorship supplementary poll be announced forthwith.

Before hitting the road, the protesters, comprising men, women and youths groups, made an initial stop at the INCE office in Yola where they urged the Commission to respect the people’s mandate, decrying what they described as a lack of transparency in the election in Adamawa State.

Maintaining that the electoral process should have been concluded with the first poll held on March 18, the protesters said the supplementary election held was a charade which should be condemned by all, adding that from results collated so far, it is obvious that Governor Umaru Fintiri won the election

Meanwhile, the Electoral Commission blamed administrative and transportation logistics for the delay in taking a decision because most of the INEC commissioners were not in Abuja at the weekend.

The National Commissioner and Chairman, Information and Voter Education Committee, Barrister Festus Okoye, however assured that the Commission will definitely make its stand known soonest after reviewing all available information at its disposal.

He said with the Commission having to simultaneously conduct elections in Kebbi, Adamawa, Zamfara, Sokoto, Imo, Oyo, and Rivers states, most of its National Commissioners are still stranded across the country due to the two-day warning strike embarked upon by Nigeria’s aviation workers.

According to him, “Definitely we will take a decision on Adamawa governorship election. The fact is three of our National Commissioners monitored the election in Kebbi State and the result was announced at 4pm yesterday. Two National Commissioners supervised the supplementary election in Sokoto, two in Adamawa, one in Zamfara, one in Imo, one in Oyo, and one in Rivers State.”

With passengers stranded at the Nnamdi Azikiwe International Airport, Abuja over the weekend, the Federal Airports Authority of Nigeria (FAAN) had advised travellers and stakeholders to make contingency plansr to avoid missing their flights and appointments.