A Court of Appeal sitting in Makurdi, the capital of Benue State has nullified the election of former senate president, David Mark.
It would be recalled that Mark’s victory at the Benue south senatorial district election was challenged by the All Progressives Congress (APC) candidate at the election, Daniel Onjeh on the grounds that the poll was marred by irregularities.
But the election petitions tribunal sitting in Makurdi had in October upheld the election of the former Senate president.
Justice Dipeolu then relying on sections 124 and 135 of the Electoral Act 2010 as amended, held that “the petitioner contested the results of election conducted in 700 out of 1,015 pulling units but failed to adduce both oral and documentary evidence to prove his case.”
She said: “Most of the testimonies given by the petitioner’s witnesses were contradictory, hearsay and circumstantial evidence which is not admissible in law as provided by Section 126 of the Evidence Act.”
But undeterred by the ruling, Donald Onjeh challenged the decision of the tribunal, before the Appeal Court.
According to Channels TV, Mr Onjeh’s lawyer, Adetunji Oso, argued that the tribunal erred when it held that the papers tendered by his client were mere documentary hearsay.
He urged the Appellate Court to allow his appeal and set aside the decision of the Tribunal.
Citing documents tendered, he said the Independent National Electoral Commission (INEC), declared Senator Mark winner of the poll while the collation of results for the Benue south senatorial district’s election on March 28 was still ongoing in seven of the nine local government areas of the state.
In setting aside the election of the former Senate president, Justice Ige ruled that the election of David Mark was fraught with so many irregularities that it failed all tests of
“freeness and fairness”.
The nullification of David Mark’s election comes three weeks after a the Taraba State Governorship Election Petition Tribunal voided the declaration of Darius Ishaku of the Peoples Democratic Party (PDP) as winner of the poll on the ground that Alhassan, popularly referred to as Mama Taraba, was the bonafide winner of the election.
It would be recalled that Mark’s victory at the Benue south senatorial district election was challenged by the All Progressives Congress (APC) candidate at the election, Daniel Onjeh on the grounds that the poll was marred by irregularities.
But the election petitions tribunal sitting in Makurdi had in October upheld the election of the former Senate president.
Justice Dipeolu then relying on sections 124 and 135 of the Electoral Act 2010 as amended, held that “the petitioner contested the results of election conducted in 700 out of 1,015 pulling units but failed to adduce both oral and documentary evidence to prove his case.”
She said: “Most of the testimonies given by the petitioner’s witnesses were contradictory, hearsay and circumstantial evidence which is not admissible in law as provided by Section 126 of the Evidence Act.”
But undeterred by the ruling, Donald Onjeh challenged the decision of the tribunal, before the Appeal Court.
According to Channels TV, Mr Onjeh’s lawyer, Adetunji Oso, argued that the tribunal erred when it held that the papers tendered by his client were mere documentary hearsay.
He urged the Appellate Court to allow his appeal and set aside the decision of the Tribunal.
In setting aside the election of the former Senate president, Justice Ige ruled that the election of David Mark was fraught with so many irregularities that it failed all tests of
“freeness and fairness”.
The nullification of David Mark’s election comes three weeks after a the Taraba State Governorship Election Petition Tribunal voided the declaration of Darius Ishaku of the Peoples Democratic Party (PDP) as winner of the poll on the ground that Alhassan, popularly referred to as Mama Taraba, was the bonafide winner of the election.
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