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The Reasons Behind the Court’s Decision on Binani:
On the 29th of May 2019, the Independent National Electoral Commission (INEC) declared Ahmadu Fintiri of the People’s Democratic Party (PDP) as the winner of the Adamawa State gubernatorial election. However, the candidate of the All Progressives Congress (APC), Jibrilla Bindow, who was the incumbent governor at the time, contested the results of the election, alleging irregularities and demanding a rerun.
Subsequently, the APC candidate filed a suit against INEC challenging the outcome of the election. The case was eventually dismissed by the High Court in Adamawa State, and this article will explore the reasons behind the court’s decision.
One of the major reasons for the dismissal of the suit was the inability of the APC candidate to prove his claims of irregularities. In his petition, Jibrilla Bindow had alleged that the election was marred by widespread irregularities, including ballot box snatching, vote buying, and intimidation of voters. However, he failed to provide sufficient evidence to support his claims, as required by law.
The court noted that the burden of proof in electoral cases rests with the petitioner, and in this case, the APC candidate failed to discharge that burden. The court further held that mere allegations of irregularities without cogent evidence to back them up cannot be a basis for setting aside the result of an election.
Another factor that led to the dismissal of the suit was the issue of jurisdiction. Jibrilla Bindow had filed his petition at the High Court in Adamawa State, which is the appropriate court for such cases. However, he also filed a similar case at the Federal High Court in Abuja, which is not the appropriate court for electoral matters.
The court noted that the filing of two identical cases at different courts amounts to forum shopping, which is an abuse of the court process. The court in Abuja had also dismissed the case for lack of jurisdiction, and the fact that the petitioner had already filed a case at the appropriate court in Adamawa State made the Abuja case redundant.
Furthermore, the court held that the APC candidate’s failure to serve the respondents with the necessary court documents was fatal to his case. The respondents, in this case, were INEC and the PDP candidate, Ahmadu Fintiri. The APC candidate had failed to serve them with the court documents, despite repeated attempts by the court to get him to do so.
The court noted that the failure to serve the respondents is a fundamental breach of the rules of court and a denial of their right to a fair hearing. Without proper service, the respondents cannot be expected to participate effectively in the case, and any judgment given in the absence of a party that has not been properly served will be null and void.
In addition, the court also noted that the APC candidate had failed to comply with the timetable set by the Electoral Act for the filing of electoral petitions. Section 285 of the Electoral Act provides that a petitioner must file his case within 21 days after the declaration of the election result.
In this case, the APC candidate had filed his petition several days after the 21-day period had elapsed. The court held that the failure to comply with the timetable set by the Electoral Act was fatal to his case, as it robbed the court of its jurisdiction to hear the case.
In conclusion, the dismissal of Jibrilla Bindow’s suit against INEC was based on several factors, including the failure to provide sufficient evidence of irregularities, the issue of jurisdiction, the failure to serve the respondents with the necessary court documents, and the failure to comply with the timetable set by the Electoral Act. The decision of the court is in line with the principles of the rule of law, which requires that parties must comply with the rules and procedures of the court.
Aisha “Binani” Dahiru-Ahmed’s lawsuit, which she brought in response to the outcomes of the recently completed governorship elections in Adamawa State, has been dismissed by the Federal High Court in Abuja. In her lawsuit, Binani requested a court review of the Independent National Electoral Commission’s (INEC) decision to revoke Hudu Yunusa-Ari, the state’s resident electoral commissioner (REC), who had previously declared her the election’s victor.
Her attorney, Mohammed Sheriff, told the court of the plaintiff’s notice of discontinuance during Wednesday’s sessions and asked the court to dismiss the case. After the petition for discontinuance, Justice Inyang Ekwo reminded the Sheriff that he was required to address the court about whether or not the court had jurisdiction to hear the matter pursuant to an order issued on the last postponed date.
During Wednesday’s proceedings, Mohammed Sheriff, her attorney, informed the court of the plaintiff’s notice of discontinuance and requested that the case be dismissed. After the petition for discontinuance, Justice Inyang Ekwo reminded the Sheriff that, in accordance with an order made on the previous postponed date, he was expected to address the court on whether or not the court had jurisdiction to hear the matter.
Binani, who filed the ex-parte designated FHC/ABJ/CS/510/2023, sued INEC, the People’s Democratic Party, and its candidate, Fintiri. In her defense, she claimed that the PDP and Fintiri had engaged in fighting and caused a commotion in public. She further asserted that after the results were in, INEC declared her the election’s winner. However, this move led to the assault and mistreatment of an INEC employee. She claimed that due to this problem, INEC was forced to retract the initial declaration, which was made without its consent because only the electoral petition tribunal possesses the necessary jurisdiction. The election petition tribunal is the only court with the ability to order a declaration concerning how an election was conducted, and Binani contended that by having her declaration withdrawn, INEC had seized that authority.
