Vrati Nzonzo, the campaign coordinator for the candidate of the All Progressives Congress (APC) in Adamawa’s gubernatorial election, made multiple claims while speaking on Channels Television over the issues that trailed the state’s recently concluded supplementary election.
The Adamawa guber poll held on March 18, 2023 and was declared inconclusive by the Independent National Electoral Commission (INEC) as the cancelled votes were more than the margin of victory between Ahmadu Fintiri of the Peoples Democratic Party (PDP) and the candidate of APC, Aishatu Dahiru, popularly known as Aisha Binani.
A report by the CDD Election War Room earlier revealed how a campaign account on Twitter misled the public with the false claim that Aisha Binani had won the election to become Nigeria’s first female elected governor.
The supplementary election, later held in 20 Local Government Areas of the state, was marred with controversies as the INEC resident electoral commissioner (REC) for the state, Hudu Yunusa-Ari, declared Aisha Binani as the winner of the polls while the collation of results was yet to be concluded.
Claim I: The declaration of Aisha Binani as the winner of the election was within the statutory responsibility of Adamawa REC, Hudu Yunusa-Ari
Verification
In the statement released by INEC to declare “null, void and of no effect,” the declaration of Aisha Binani as winner of the Adamawa poll, the electoral umpire said “the action of the REC is a usurpation of the power of the Returning Officer.”
Section 25 of the 2022 Electoral Act (as amended) gives a breakdown on the declaration of election results at different levels of the process, from the polling unit to the national collation centre.
In the case of the governorship election, 25(2)(f) states that the returning officer shall be the one to announce the result and declare the winner at the state collation centre.
Section 65(1)(c) further states that the decision of the returning officer shall be final on the declaration of votes garnered by candidates and the return of the candidate who wins the election.
65(2) added, “A decision of the returning officer under subsection (1) may be reviewed by an election tribunal or court of competent jurisdiction in an election petition proceedings under this Act.”
Verdict: FALSE
The declaration of Aisha Binani as winner of the Adamawa guber poll was not within the statutory responsibility of Hudu Yunusa-Ari, the State’s REC. The returning officer is statutorily responsible for the declaration of results and the return of a winner, according to the Electoral Act.
Claim II: Hudu Yunusa-Ari is the returning officer in Adamawa state
Verification
The returning officer for Adamawa state in the 2023 general elections was Muhammed Laminu Mele, a professor of English and Linguistics from the University of Maiduguri in Borno state. This was reported by multiple credible news outlets as seen here, here, and here.
Verdict: FALSE
Hudu Yunusa-Ari was not the returning officer in Adamawa state as multiple credible reports show that it was Muhammed Laminu Mele, a professor from the University of Maiduguri, Borno state.