The Court of Appeal has reserved judgement in a case instituted by the winner of the All Progressives Congress (APC) governorship primary election in Adamawa State, Senator Aishatu Binani.
Justice Abdulaziz Anka of the Federal High Court, Yola had in October nullified Binani’s victory for overvoting and non-compliance with the Electoral Act following a complaint filed by her closest opponent, Nuhu Ribadu, who came second in the election.
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The federal high court had ordered Binani to stop parading herself as the APC governorship candidate while ruling that the APC would not field a candidate for the 2023 election.
The appeal court panel comprised of Justices Teni Yusuf Hassan, M.O Bolaji and James Abundaga reserved judgement in the appeal after adopting briefs from counsel to Binani, Ribadu, APC and INEC.
Lead counsel to Binani, Chief Akin Olujimi (SAN), who led six other SANs and 12 lawyers asked the appeal court to quash the decision of the trial court and determine all pre-election matters to declare his client as the duly elected candidate for the APC.
However, counsel to Ribadu, I.K. Bawa (SAN), who appeared alongside S.T Ologunorisa (SAN) urged the court to order a fresh election, saying the lower court erred in law having declined to allow for a fresh election even after establishing a case of over voting in violation of the law.
