A Court of Appeal in Makurdi, Benue state has nullified the election of
Senator David Mark. The court ordered the Independent National Electoral
Commission (INEC) to conduct fresh polls within 90 days.
Mark, a member of the Peoples Democratic Party (PDP) is the immediate past
president of the senate.
Mark’s victory at the March 28th., 2015 National Assembly elections, was
challenged by Daniel Onjeh of the All Progressives Congress, APC, who
petitioned the Benue state Legislative Houses elections tribunal asking
for the cancellation of the election and an order detailing INEC to
conduct fresh election in the district.
The Justice Mosunmola Dipeolu led trial panel had on October 7th., 2015
dismissed Onjeh’s petition on the ground that evidences tendered before
the tribunal were documentary hearsay evidences.
However, in a unanimous judgement read by Justice Peter Ige, the appellate
court dismissed the judgement of the tribunal and upheld the plea of the
appellant that Mark’s election failed substantially to meet with the
provisions of paragraphs 39 and 40 of the INEC approved electoral
guidelines and sections 73 and 74 of the Electoral Act 2010 as amended.
The panel of jurists also questioned the failure of the trial court to
admit evidences tendered by the appellant to canvass his case and in
another instance refer to the same evidence to arrive at its decision.
Justice Ige thus held that, “the lower tribunal cannot be seen to blow hot
and cold at the same time. The appellant has established his case on the
balance of probability. It is our considered view that the appellant’s
appeal is meritorious.
“The appellant showed by oral evidence that collation of results was still
ongoing a day after the declaration of results of the election in seven
local government areas of the district.
“The judgement of Justice Mosunmola Dipeolu led tribunal of October 7th.,
2015 dismissing the petition is nullified. Therefore the election of
Senator David Mark is hereby set aside.
“INEC is by this judgement to conduct fresh senatorial election in the
Benue South district within 90 days.”