Former Sen President, Senstor David Mark has asked the National Assembly
Tribunal to sitting in Makurdi , the Benue state capital to dismiss the
petition brought against his election by the defeated candidate of the All
Progressives Congress, APC, Daniel Onjeh in the 28th March 2015 senatorial
elections.
Advancing reasons on why the petition should be dismissed, counsel to
mark,Mr.Ken Ikkone said the petitioner failed woefully to make out any
case against the election of Sen. mark.
Ikonne further told the tribunal that the he petitioner failed to show
that the election was not properly conducted.
He averred that the burden of prove squarely dwells on the petitioner
failing which as in this Cade has proved fatal to the petitioner.
Ikonne who sited several authorities in support of his case, said it is
trite in law that “he who alleges must prove”.
Ikonne who said most of the allegations complained of in the petition are
criminal in nature, said the petitioner failed to prove those allegations,
stressing that those allegations can not be severed from the petition as
the petitioner was trying to do now, saying that would amount “to an
amendment of the petition which the petitioner cannot do at this point”,
siting the electoral act.
He pointedly told the tribunal that the petitioner merely dumped some
documents on the tribunal without demonstrating them in the open court,
stressing that the tribunal was forbidden by the law from perusing in the
recess of their chambers.
He finally submitted that the court should dismiss the petition and award
substantial cost to his client.
Counsel to PDP Mr. Chris Alechenu and that of INEC Dr. Garba Tetingi, SAN
also aligned themselves with Ikonne’s submission.
On his part, counsel to the APC candidate Mr. Daniel Onjeh Adetunji Osho
said his client has proved his case