The Court of Appeal sitting in Abuja has upturned the majority decision of the tribunal and affirmed Emmanuel Memga Udende as Senator representing Benue North East (Zone A) Senatorial District.
The Independent National Electoral Commission (INEC) on February 27, declared APC’s Udende winner with 135573 votes ahead of immediate past Senator and former Governor, Gabriel Torwua Suswam (PDP) who scored 112231 votes.
Not satisfied with the development, Suswam & the PDP approached the Election Petitions Tribunal (Suit No: EPT/BN/SEN/13/2023) sitting in Makurdi, seeking amongst others, his declaration as duly elected Senator.
The Petitioners had called 19 witnesses to buttress their case and challenged the results that were declared in 474 out of the 1844 polling in 5 LGAs of the Senatorial district.
In a majority decision delivered by the Chairman of the Panel, Justice Ory-Zik Ikeorha and supported by Member II, the tribunal held that the Petitioners clearly proved cases of over-voting, alterations and mutilation of results in the 5 LGAs in the Senatorial District during the election.
She listed the LGAs to include: Ushongo, Kwande, Katsina-Ala, Ukum and Vandekiya, adding that the petitioners were able to prove their case beyond reasonable doubts.
She held that according to the real result before her and relying on documentary evidence, Suswam, candidate of the PDP won with a total of 90590 votes while Udende of the APC scored only 82699, giving Senator Suswam a lead with 7920 votes difference.
The Tribunal, therefore, cancelled the Certificate of Return (CoR) issued to Udende and ordered INEC to issue a fresh CoR to Suswam.
In a dissenting judgement, Justice Umar Mohammed (Member I) averred that evidence by the petitioners was grossly insufficient to sustain his petition.
According to him, ‘irregularities can’t be assumed. The law is that the proper person to give account of the irregularities are polling unit agents as ward agents are not allowed to “give global account” of what happened at polling units.
“Besides, it is held that the fact that documents are admitted in evidence from the bar does not mean that value be attached to them without putting life in them.”
He therefore, dismissed the petition, awarding the cost of N100,000 in favour of each of the Respondents (Udende, APC & INEC) against the Petitioners.
Obviously dissatisfied, Udende approached the Appeal Court, praying the final Court in these matters, do upturn the tribunal’s majority decision and re-affirm him as winner.
In consolidated appeals: Suit Nos; CA/MK/EP/BN/SEN/13/2023 & CA/MK/EP/BN/SEN/14/2023, the Appeal Court upheld the decision of the Minority Judgement and affirmed Udende as duly elected and returned.
In other cases, the Appeal Court dismissed the suits filed by David Daniel Onjeh of the APC and upheld the tribunal decision of Patrick Abba Moro as duly elected Senator for Benue Zone C Senatorial District.
The Appeal Court also dismissed the appeals filed by APC’s Peter Nwaoboshi Onyeluka & LP’s Kennedy Onochie Kanma and further upheld the Tribunal’s affirmation of Ned Munir Nwoko as duly elected Senator for Delta North Senatorial District.