After Foiling a Brazen Electoral Coup, INEC Declares Fintiri Re-elected
•IGP replaces Adamawa CP, moves to probe malfeasance
•INEC writes police, demands prosecution of Ari, others
•How court declined Binani’s emergency application
•PDP: what happened was akin to attempted civilian coup
•Yiaga wants all security personnel involved in electoral fraud tried
•Situation Room pushes for fresh electoral reforms
•Atiku, govs, party leadership congratulate winner
Chuks Okocha, Kingsley Nwezeh, Onyebuchi Ezigbo, Adedayo Akinwale, Alex Enumah in Abuja and Daji Sani in Yola
After nearly one month of suspense involving a testy rerun exercise and one of the most brazen, albeit unsuccessful, electoral coups of the Fourth Republic, the Independent National Electoral Commission (INEC), yesterday, declared Adamawa State Governor, Ahmad Fintiri, winner of the March 18 governorship election and returned him re-elected. Fintiri, who ran on the platform of Peoples Democratic Party (PDP), led his closest rival, Senator Aisha Binani of All Progressives Congress (APC), with 32, 073 votes difference.
But the repercussions of the unwholesome events that attended the rerun poll, held following the inconclusive March 18 election, continued to unfold. Inspector-General of Police (IGP), Usman Baba, yesterday, ordered the Commissioner of Police on election duty in Adamawa State, Mohammed Barde, to withdraw from the state with immediate effect. Baba ordered Gombe State Commissioner of Police, Etim Equa, to immediately proceed to Adamawa State for election security.
In a similar vein, INEC wrote to the IGP to demand investigation and prosecution of the Adamawa State Resident Electoral Commissioner (REC), Hudu Yunusa Ari.
In Abuja, the Federal High Court, yesterday, declined to hear an application by the governorship candidate of APC in Adamawa State seeking to restrain INEC from invalidating her purported declaration as winner of the governorship election. The court said Binani’s lawyers must first address the issues of jurisdiction.
Binani’s desperate quest to emerge first elected female governor in Nigeria firmly registered her in the hall of infamy by the way she and her co-conspirators tried to subvert the electoral process and ultimately the will of the people.
Although the application for leave to bring the application for judicial review was contained in an ex-parte application filed on April 17, 2023, the court fixed the hearing for April 26, 2023.
The leadership of PDP had earlier called on Inspector General of Police to arrest the Commissioner of Police in Adamawa State, Ari, and others alleged to have aided the unapproved results announcement in the governorship election. PDP likened Ari’s illegal pronouncement of Binani as winner, while collation of the rerun results were still on-going, to a civilian coup.
A pro-democracy group, Yiaga Africa, in a statement by Dr. Hussain Abdu and Samson Itodo, also asked the police authorities to arrest and prosecute everyone alleged to have aided Ari in the illegal result announcement.
Similarly, the Nigeria Civil Situation Room, otherwise known as the Situation Room, said there was need to revisit the nomination process for INEC national commissioners with a view to triggering another electoral reform.
Oyo State Governor, ‘Seyi Makinde, yesterday, paid a solidarity visit to his Adamawa State counterpart over the thorny governorship election. Makinde, during the visit, lamented the delay in the conclusion and announcement of the rerun poll results.
Nevertheless, the INEC Returning Officer (RO) in Adamawa State, Professor Mohammed Mele, said Fintiri scored 430,861 votes to defeat Binani, who scored 398,788 votes to come second in the election.
Announcing the results of the supplementary election held on April 15, Mele said the number of registered voters was 42, 929; number of accredited voters 16, 423; total valid votes 15, 999; rejected votes 399; and total votes cast 16, 398. He said the PDP candidate scored 9, 337 votes to defeat the APC candidate, who scored 6, 513 votes in the supplementary elections.
Mele said at the governorship elections held on March 18, the total registered voters was 219,656; total accredited voters 876,387; total valid votes 853,819; rejected votes 15,287; and total votes cast 869,106.
Shortly after the declaration, Fintiri, in his acceptance speech, said, “Today, history was made, because the supporters of the PDP administration reaffirmed your willingness to support the good work we have started in Adamawa State.
“It is made because we have reached a consensus that Adamawa State must work. It is made because we have collectively agreed that we desire a better Adamawa that is lifted from depths of despair to the great high hope with the belief that each of us is at liberty to aspire to any height without any human hindrance.
“Welcome to Adamawa of our dreams. Here, we decide the fate of governance by ourselves, we rise or fall together as one people, we have perfected the art of winning for our dear state. This time, again, we won; Adamawa State won.”
The governor appreciated citizens of the state for their resilience, patience, and maturity in the face provocative triggers that could have otherwise landed them in flames.
He told the people of Adamawa, “You demonstrated restraint and civility, you waited patiently for INEC to announce the date for the rerun elections for the affected areas.”
But Binani denied giving anybody N2 billion to declare her winner of the governorship election. She disclosed this via a press statement she personally signed.
The APC candidate said in the statement, “My attention has been drawn to a very bizarre, unfounded wild allegations purportedly made by an officer of the Department of State Services to the effect that I, Senator Aishatu Dahiru Ahmed ( Binani), gave out the sum of N2 billion to procure a favourable declaration as governor-elect to some unnamed INEC staff. I never did; I would never do such.
“This said statement was allegedly made when the officer was being tortured at gunpoint by the agents of the Adamawa State governor and the Government House police team alongside their political thugs.
“I wish to reiterate that I am a democrat. I have always been a committed democrat and will never do anything to subvert democratic process. I am not a do-or-die politician. In the past, I have won elections into the House of Representatives and the Senate in a free and fair manner.
“What happened in Adamawa was an unsuccessful attempt to subvert the will of the people. The REC was illegally told to stand down by two INEC national commissioners from Abuja, who were supposed to be in Adamawa in a supervisory capacity.
“Even more curious is the nocturnal visit of some INEC national officers to Adamawa State Government House and bizarre declaration same day after the visit that they have taken over the collation through the backdoor, with the Collation and Returning Officers selected by the governor of Adamawa.
“The roles of these INEC officers from Abuja and the real mission of the two to the Government House should be of interest to all democrats. I urge all lovers of democracy to take a deeper interest in our electoral process and democracy not only in Adamawa but in the whole country.
“Meanwhile, to all my supporters, both within and outside Adamawa, I wish to use this opportunity to thank you for your unflinching support, in the midst of half-truths and opposition smear propaganda. Thank you.”
IGP Replaces Adamawa CP, Moves to Probe Malfeasance
The Inspector-General of Police (IGP), Usman Baba, yesterday, ordered the Commissioner of Police on election duty in Adamawa State, Mohammed Barde, to withdraw from the state.
The Force Headquarters, in a statement, said, “The IGP has given directive that the Commissioner of Police on election security in Adamawa State, CP Barde, should pull out of Adamawa State and the Commissioner of Police in charge of Gombe State, CP Etim Equa to proceed to Adamawa immediately, to go and supervise election and provide necessary information and ensure that the process is a success.”
The statement signed by the Force Public Relations Officer, Chief Superintendent of Police (CSP) Olumuyiwa Adejobi, said the police high command would investigate the failed electoral heist in Adamawa.
The police said, “We have not received any letter but we will carry out thorough investigation on the Adamawa incident in collaboration with INEC.
“So, if INEC sends in any letter, we will treat it as recommended as well. Also, the IGP has ordered the redeployment of the CP election Adamawa and replaced him with CP Gombe, CP Etim Oqua, who has been directed to proceed to Yola immediately for the conclusion of the guber election process in Adamawa. We are committed to having a more secure and successful process in Adamawa.”
INEC Writes IGP, Demands Investigation, Prosecution of Ari
Soon after concluding the Adamawa State governorship election, INEC, yesterday, wrote to the Inspector General of Police (IGP), Usman Baba, demanding investigation and prosecution of the state’s Resident Electoral Commissioner (REC), Hudu Yunusa Ari.
The commission took the decision at its meeting yesterday in Abuja.
A tweet via it verified Twitter handle said the commission, wrote, “At its meeting today, 18th April 2023, the commission discussed matters arising from the Adamawa governorship election and decided to:
“Write to the Inspector-General of Police for the immediate investigation and possible prosecution of the Resident Electoral Commissioner (REC) for Adamawa State, Barr. Hudu Yunusa Ari.
“Request the Secretary to the Government of the Federation to draw the attention of the appointing authority to the unwholesome behaviour of the REC for further action.” It announced that the collation process would resume at a time to be determined by the Returning Officer.
How Court Declined Binani’s Emergency Application
The Federal High Court, Abuja, yesterday, declined to hear an application by the governorship candidate of APC in Adamawa State seeking to restrain INEC from invalidating her purported declaration as winner of the governorship election, saying her lawyers must first address the issues of jurisdiction.
Binani had Monday approached the court for leave to file an application for judicial review of the administrative decision of INEC made on April 16th in respect of her announcement as winner of the governorship election of Adamawa State held on March 18 and the supplementary election of April 15.
However, when the matter was called yesterday, Justice Inyang Ekwo, who told Binani’s lawyer, Mr Mohammed Sherif, to first address the court on issues of jurisdiction, said the governorship hopeful was to file her address on whether the court had jurisdiction to hear the application within two days.
Although one Hafis Matonmi had announced appearance for Governor Ahmadu Fintiri and candidate of PDP, the court still declined to hear him on the grounds that he had not been served with court processes on the matter.
Binani, alongside her party, APC, were in the application seeking an order of Prohibition and Certiorari, preventing the electoral umpire 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.
Sued with the commission were PDP and Fintiri listed as first, second, and third defendants, respectively.
The application was brought pursuant to order 34 Rules 1a, order 3(1) & 3(2) a, b, c, Order 6 of the Federal High Court (civil procedure rules) 2019 and Section 251 (1)q & r of the 1999 Constitution, as well as Section 149 & 152 of the Electoral Act, 2022.
Arguing the grounds upon which the application was brought, Binani contended, “The only court with power on a declaration made from the conduct of an election is only the Election Petition Tribunal set up by the 1999 Constitution.”
According to her, after the completion of vote in the supplementary governorship election of April 15, and the subsequent collation of same results, INEC declared her as the winner of the gubernatorial election and she was thereby returned as elected.
The applicant said pursuant to the declaration, any dissatisfied candidate should resort to the tribunal for redress, if any.
She faulted the cancellation of her declaration on April 16 based on some crisis caused by PDP and Fintiri, stressing that INEC “has no powers to cancel or declare the declaration as null and void.”
Continuing, she stated, “INEC after the declaration of Senator Aisha Dahiru Ahmed as the winner usurped the powers of the Election Petition Tribunal and declared the declaration null and void. The 1st respondent does not have the requisite powers to declare an election in which the winner has been declared null and void.”
Binani, through her lawyers, led by Hussaini Zakariyau, SAN, submitted that a judicial review existed to enable the superior court checkmate the actions and decisions of inferior courts as well as the legislative and administrative arms of government, including agencies and public officers.
The applicant further submited that INEC, being an agency of the government, could have its actions, records and decisions checked by the court and only a court could nullify the actions of an INEC official and not INEC itself.
PDP Asks IGP to Prosecute Ari, Police Commissioner, Others
Acting National Chairman of PDP, Ambassador Umar Iliya Damagum, yesterday, called on the IGP to arrest the Adamawa State Commissioner of Police, Afolabi Adeniyi, the INEC REC, Mallam Hudu Ari, and all others alleged to have aided the unapproved governorship election results announcement in the state.
Damagum, who described Ari’s action as equivalent to an attempted civilian coup, urged INEC to order the immediate continuation and completion of the result of the supplementary election, as continued delay was already causing tension in the state.
According to the PDP chairman, the subversive conduct of Ari must not go unpunished.
Damagum said, “We restate our demand that INEC should without further delay hand over Mallam Hudu Yunusa Ari to the police for investigation and prosecution
“The action of the Adamawa State REC is a reckless, inexcusable and unpardonable assault on our democracy, the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act, 2022, INEC Guidelines and the manifest will of the people of Adamawa State, which they expressed in voting en masse for the PDP.
“This action by Mallam Hudu Yunusa Ari amounts to a ‘Civilian Coup’ with the intention to take control and install an illegal government in Adamawa State contrary to the provision of Section 1 Sub-section 2 of the Constitution of the Federal Republic Nigeria 1999 (as amended).
“For clarity, Section 1 Sub-section 2 of the 1999 Constitution (as amended) provides: ‘The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution’.
“The Inspector General of Police should, as a matter of urgency, remove, investigate and sanction the Adamawa State Commissioner of Police for providing cover and enabling the perpetration of this grievous criminal act against our democracy.”
The PDP chairman said the party, majority of Nigerians, and, indeed, the international community had become worried that in spite of the results of the election, as obtained from the polling units, which showed Fintiri in clear lead, INEC had continued to delay the conclusion of official collation, announcement and declaration of the rightful winner of the election.
Damagum stated, “This continuing delay is heightening tension in Adamawa State and is capable of triggering a serious breakdown of law and order in the state, which is already overstretched as a result of the many perverse activities of the heavily compromised Adamawa State Resident Electoral Commissioner (REC), Mallam Hudu Yunusa Ari.
“It is, therefore, imperative and urgent that INEC does the needful and save Adamawa State from serious crisis by directing the Returning Officer, Professor Mohammed Mele, to immediately conclude collation, declare the final results and return the rightful winner, Governor Umaru Ahmadu Fintiri as the duly elected Governor of Adamawa State.”
On Binani’s legal action to reclaim her ‘mandate’, the PDP national legal adviser, Kamarudeem Ajibade (SAN), said the party was aware that she was already in court.
Ajibade said, “They are seeking an ex-parte order and therefore when contacted, the party will respond appropriately. We have not been served and more over, the matter is now in court.”
Makinde Visits Fintiri, Laments Delay in Rerun Outcome
Oyo State Governor, Seyi Makinde, yesterday, paid a solidarity visit to his Adamawa State counterpart, Governor Ahmadu Umaru Fintiri, over the electoral crisis in the state and lamented the delay in announcing the outcome of the elections.
Makinde appealed to INEC to do the right thing in order to redeem its name before the international community and well-meaning Nigerians. He called on PDP supporters in the state to remain calm and maintain law and order, adding that the party at the top would not allow anybody to trample on its mandate.
INEC had suspended Ari with immediate effect, after first summoning him and other officials to its headquarters in Abuja.
The commission, in a letter by its secretary, Rose Ariaran-Anthony, directed the REC to stay away from its Adamawa office until further notice. It directed the commission’s administrative secretary in the state to take full charge of the activities of the commission.
Ari’s suspension followed the illegal announcement of Binani as winner of the Adamawa governorship supplementary election, when collation was still ongoing.
Yiaga Wants All Security Personnel Involved Tried
Yiaga Africa, a pro democracy group, demanded that all those involved in the Adamawa governorship election imbroglio should be arrested and tried for undermining democracy.
In a statement by Dr. Hussain Abdu and Samson Itodo, the group also asked INEC to urgently conclude the collation process and declare the official results based on results announced at the polling units and uploaded on the IReV portal.”
It further called on President Muhammadu Buhari and the Senate to initiate removal proceedings against the Adamawa REC in defence of the constitution, independence of INEC, and the overall integrity of the electoral process.
Yiaga also urged the police and INEC to swiftly prosecute the Adamawa REC for gross misconduct, insubordination and fraud.
Yiaga said in the statement, “In addition, the attacks on two the National Commissioners deployed to oversee the supplementary elections in Adamawa should be thoroughly investigated and perpetrators brought to justice.
“The Inspector General of Police, Commandant of the Nigerian Security and Civil Defense Corps (NSCDC), and Director General of the Department of State Services should thoroughly investigate and sanction its officers involved in this criminal subversion of the electoral process.”
Yiaga further called for a comprehensive and independent audit of the 2023 general election as an imperative for inspiring public confidence and ensuring accountability for operational lapses, constitutional and electoral legal framework violations, and cases of subversion of the people’s vote.
Situation Room Pushes for Fresh Electoral Reforms
The Nigeria Civil Situation Room, otherwise known as the Situation Room, yesterday, said there was need to revisit the nomination process for national commissioners at INEC and by so doing, engender another electoral reform.
While recommending the prosecution of all indicted INEC officials to serve as a deterrent, the Situation Room said rogue election officials and their politician sponsors must be prosecuted if the ugly trend must be reversed.
A statement issued in respect of the 2023 supplementary elections held on Saturday, 15th April 2023, in 23 states of the federation, stated that the shortcomings witnessed at the supplementary polls were similar to what was experienced during the February 25 presidential/National Assembly election and March 18 governorship/ State Assembly polls.
It lamented the current system of appointment of RECs and National Commissioners of INEC, who were being appointed by partisan political interests.
According to the Situation Room, “It also represents the failure of the National Assembly to scrutinise the nominees as required by law and going ahead in confirming partisan persons into INEC at all levels.
“It is important to revisit the recommendations of the Electoral Reform Committee, which in 2010 recommended steps to appoint independent persons into INEC.”
In addition, the Situation Room said it was shocking to behold the illegal declaration of the supplementary governorship election result in Adamawa State by Ari.
It, however, welcomed the action taken by the headquarters of INEC to declare as unlawful the action of the REC in Adamawa State and suspend him from further duties. It urged the commission to follow up with a proper investigation into what transpired and apply sanctions as necessary.
Atiku, PDP Govs’ Forum, Party Leadership Congratulate Fintiri
Former Vice President and presidential candidate of PDP, Atiku Abubakar, the party’s governors’ forum, and the PDP leadership congratulated Fintiri on his re-election.
Atiku, in a congratulatory message he signed said, “Congratulations, Governor Ahmadu Fintiri, on your deserved re-election as governor of Adamawa State.
“Thank you to the people of Adamawa and men and women of goodwill for staying the course in resisting coupists and enemies of democracy from having their way.
“The lesson from this exercise and others is the need for Nigerians to be vigilant and never give in to anti-democratic forces whose objective is to snatch, run with and undermine the mandate of the people as freely expressed in their votes.
“By the way, it is not yet uhuru as we still have one more major mandate to reclaim, and together as one. We shall accomplish the task for the good of our country and its people.”
The PDP Governors’ Forum, in a statement, said it was a hard fought and hard won victory not just for Fintiri, but also for Adamawa State, democracy and due process in Nigeria.
According to the forum, “Indeed, Nigeria has just been rescued from descent into the abyss. We have just dodged another bullet. We commend INEC for redeeming itself and hopes that this is a harbinger of things to come. It is in this regard that the commission is requested to promptly re-visit all other elections where infractions have been identified.
“Where the matters have been taken to the tribunal, INEC should assume a garb and toga of neutrality and inform the tribunals of the actual events that transpired in the elections. It has been shown by today’s development that INEC can reverse itself where mistakes have been made. We call on Governor Fintiri to continue to justify this huge mandate and trust of the people of Adamawa State.”
On its part, the PDP leadership described Fintiri’s victory as a momentous triumph for democracy and the will of the people of Adamawa State over tyranny and desperate manipulative forces that sought to take over control of the state illegally.
In a statement by National Publicity Secretary, Debo Ologunagba, PDP said, “The spontaneous jubilation of citizens in Adamawa State and across our nation at the official declaration of Governor Fintiri as the rightful winner of the election, irrespective of the nefarious schemes by the rejected All Progressives Congress (APC), is a confirmation that the PDP and its candidate are indeed the choice of the people.
“Governor Fintiri’s overwhelming victory is a validation that the will of the people cannot be subdued no matter the plot by a tyrannic, domineering and power-grabbing few who, with over-bloated ambition, desperately sought to subvert our democracy, scuttle the electoral process, compromise the judiciary, subjugate the people and impose an unconstitutional regime in the polity.”
PDP saluted the courage, resilience and determination of the people of Adamawa State in resisting the defeated APC and compromised Ari in their bid to destabilise the state.
The PDP spokesman stated further, “Our party also lauds the Adamawa State Returning Officer, Mohammed Mele, for his courage in standing on the side of justice, due process and democracy in the discharge of his duty.”
