Governor Fintiri, representing the Peoples Democratic Party (PDP), had been declared the rightful winner of the election by the Adamawa State Governorship Election Petition Tribunal, a decision affirmed by the Appellate Court.
Justice Tunde Oyebanji Awotoye, in authoring the judgment, dismissed Binani and APC's case citing multiple irregularities. One key point highlighted was the failure of Binani and APC to present Polling Agents, actual participants in the election, as witnesses. Instead, they called Campaign Coordinators who were not present at the election venue.
The Appeal Court deemed the three witnesses, identified as Campaign Coordinators, as hearsay witnesses, emphasizing that they lacked the status of party agents and, therefore, their testimonies held no legal weight.
Justice Awotoye underscored the illegality of assigning probate values to the testimony of Campaign Coordinators, as it contradicted the law. Additionally, the court found the brief of argument filed by Binani and APC to be in violation of the law, rendering it incompetent and consequently disregarded.
The incomplete and insufficient records of appeal transmitted to the Court of Appeal by Binani and APC were also noted by Justice Awotoye, making it impossible for the court to reach any findings.
The court firmly asserted that only the Returning Officer had the authority to declare election results, branding the declaration of Binani and APC as winners illegal. Furthermore, Justice Awotoye criticized Binani for attempting to address the actions of the Resident Electoral Commissioner (REC), stating that the REC should be held responsible for his illegal actions.
The unanimous judgment not only dismissed the appeal entirely but also imposed a cost of N1 million to be paid by Binani and APC to Fintiri and PDP. This legal outcome echoed the decision of the Adamawa State Governorship Electoral Petitions Tribunal, which had earlier rejected Binani's petition to remove Fintiri from office in October.
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