TheCable

The court of appeal sitting in Makurdi, capital of Benue state, has nullified the victory of David Mark, former senate president, in the March 28 election.

Daniel Onjeh, candidate of the All Progressives Congress (APC), had asked the election tribunal to upturn Mark’s victory but the tribunal ruled in favour of the 5-time lawmaker and only Nigerian to have presided over the senate for a record of eight years.

In her ruling on October 6, Mosunmola Dipelou, chairman of the three-man panel, said Onjeh failed to substantiate the allegations he brought before the tribunal.

The APC candidate had alleged that the poll was fraught with rigging, multiple thumb printing, over stuffing of ballots, allocation of votes, intimidation, harassment, inducement of voters and other forms of irregularities.

The tribunal also discountenanced the evidence of one of Onjeh’s witnesses on the grounds that under cross examination, he accepted that there was error in his data analysis.

Mosunmola therefore dismissed the petition.

Dissatisfied, Onjeh approached the appellate court, seeking that the verdict of the tribunal be set aside.

Adetunji Oso, his counsel, told the court that INEC declared Mark winner of the election at a time when results for the election were being collated in seven of the nine local government areas in Benue South senatorial district.

He said the tribunal refused to  consider the evidence presented by his client, referring to it as “mere documentary hearsay”.

Delivering judgment on Saturday, the court overruled the tribunal and granted Onjeh’s prayer.

The court ordered INEC to conduct a fresh election within 90 days.