Monday 17 April 2023

Why Binani Remains Governor-Elect, Only Court And Not INEC Can Invalidate Her Victory —Akin Ariyo

Akin Ariyo, a public affairs analyst, in this opinion, argues that Senator Aishatu Dahiru Binani, the All Progressives Congress, APC candidate who has been declared winner in the Adamawa State governorship supplementary election which held on April 15, remains governor-elect, awaiting swearing in irrespective of the reversal announced by INEC headquarters. He quoted relevant sessions of the constitution to back up his claims as presented below:

Sunday morning, the Independent National Electoral Commission, INEC declared Senator Aishatu Dahiru Binani the winner of the Adamawa governorship election.

The Resident Electoral Commissioner for the state, Barrister Hudu Yunusa made the declaration following the supplementary election held Saturday.

The REC in company with the police commissioner, Mohammed Barde, Director of the Department of State Services and Commandant of Nigeria Security and Civil Defense Corps, announced Binani as the winner.

Although the INEC HQ through its spokesperson paused the result and requested that all its officials to report to Abuja, the declaration remains intact unless declared void by the court,

This is not unconnected to the fact that section 149 of the Electoral Act of 2022 stated that:

Section 149 Nigeria Electoral Act 2022


Notwithstanding any other provisions of this Act, any defect or error arising from any actions taken by an official of the Commission in relation to any notice, form, or document made or given or other things done by the official in pursuance of the provisions of the Constitution or of this Act, or any rules made thereunder remain valid, unless otherwise challenged and declared invalid by a competent court of law or tribunal.

Thus, by this electoral act and action of the REC, Binani is the substantive governor-elect of Adamawa as only the court and not INEC head office can decide on this so-called controversy.

This informed the widespread jubilation across Adamawa by Binani and her massive supporters.

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