On Friday, the National Assembly Election Petition Tribunal sacked Senator Emmanuel Udende of the All Progressive Congress in Benue State, who represents Benue North East state senatorial district.
The tribunal declared the one-time governor of the state, Senator Gabriel Suswam of the Peoples Democratic Party, the winner of the Senatorial election held on February 25, 2023.
Giving the lead judgment, the chairman of the panel, Justice Ory Zik-Ikeorha, and member two entered judgment in favour of Suswam and PDP.
They declared that Suswam and PDP have fulfilled the requirement of the law in proving their case of irregularities such as mutilation, non-signing of documents, non – inclusion of lawful votes, among others.
However, a dissenting judgment delivered by Justice Mohammed held that evidence by PDP and Suswam was insufficient to sustain his petition.
He, therefore, dismissed the petition and awarded the cost of N100,000 in favour of each of the respondents against the petitioners.
Suswam and PDP’s petition had based their argument that Udende did not score the majority of the lawful votes cast at the February 25, 2023, Benue North East Senatorial District election.
The minority judgement noted that irregularities can’t be assumed. The law is that the proper person to give an account of the irregularities are polling unit agents, as ward agents are not allowed to “give a global account” of what happened at polling units.
By the way, it is the decision of the court that Suswam’s PW9’s statement on oath was not front-loaded alongside the petition and cannot form part of the petition.
Justice Mohammed concluded that having failed to do the needful, the petitioners cannot move him to interrogate their address page by page after failing to breathe life into their documents tendered.
“Evidence of 19 witnesses who were not party to the malpractices said to have occurred over 400 polling units cannot substantiate the petition. No magic can be done. Evidence is grossly insufficient to sustain the petition. See no merit in the petition,” it is held.
He said that the petition was dismissed and awarded N100,000 cost in favour of each of the respondents and against the petitioners.
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