*Berates Suspended REC For ‘Act Of Irresponsibility, Criminality’
THE Supreme Court, on Wednesday, January 31, affirmed the victory of the Peoples Democratic Party (PDP) candidate in the March 18, last year in Adamawa State governorship election, Adamu Fintiri, as duly elected governor.
The court berated the suspended Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) in the state, Hudu Yunusa Ari, for declaring the candidate of the All Progressives Congress (APC), Aishatu Ahmed Dahiru (Binani) winner of the election, saying the REC’s announcement of the election result before the outcome of the supplementary election “was an act of irresponsibility and criminality.”
The court urged election stakeholders to ensure that only persons with dignity and integrity, who are not “bulls in a China shop” are appointed to handle election matters.
In the lead judgment on the appeal filed by Aishatu and the APC, seeking to annul Fintiri’s election, the five-member panel, headed by Justice John Okoro, unanimously dismissed the appeal.
In the lead judgment read by Justice Okoro, the court held that the appellants failed to prove their claims that they won the election and that it was marred by non-compliance with the Electoral Act and the Constitution, among others.
He held that as was rightly held by the Court of Appeal in its earlier judgment on the case, “Section 149 of the Electoral Act only validates action legally made by an official of INEC.
“It does not validate any action taken by an official of the Commission, which is contrary to the Constitution and the Electoral Act or rules made thereto to cover the conduct of the election.
“Section 149 of the Electoral Act will only apply if the action taken is in accordance or in compliance with the provisions of the Constitution or the Electoral Act.”
