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Friday, September 22, 2023

Benue tribunal upholds election of three APC lawmakers

In separate judgments, Justices Usman Mohammed and Saliu Zubayr held that the petitioners failed to prove their cases for the elections to be overturned.

• September 21, 2023
APC flag
APC flag [Credit: The Guardian Nigeria]

The National and State Houses of Assembly Election Petition Tribunal in Makurdi on Thursday upheld the elections of three All Progressives Congress (APC) state lawmakers.

In separate judgments, Justices Usman Mohammed and Saliu Zubayr held that the petitioners failed to prove their cases for the elections to be overturned.

In the Ogbadibo State Constituency election, Justice Mohammed held that the petitioners, Patrick Enemari and the PDP, failed to prove that the election was characterised by malpractices, as alleged in their petition.

He also said the petitioners failed to call necessary witnesses to prove an incident of overvoting and cancellation of results in six polling units during the election.

The court, therefore, upheld the return of APC’s Agada Oche as the winner of the Ogbadibo State Constituency election in the March 18 election.

Mr Mohammed further awarded N150,000 as a fine against the petitioners in favour of Mr Oche, APC, and INEC.

On the Mata State Constituency, the judge also ruled that APC’s Simon Gabo was duly elected and upheld his return by the INEC.

He further held that only the witness statement of one of the petitioners’ witnesses, was filed alongside the petition, and all others filed it out of time.

Mr Mohammed, therefore, upheld the return of Mr Gabo.

The petitioners, Elijah Anayagher and PDP, had dragged the respondent before the tribunal, challenging his return by the INEC.

Justice Zubayr, in another judgment, affirmed the election of APC’s Emmanuel Shimawua as the winner of the Kyan State Constituency in the March 18 election.

The judge held that Terkimbi Adeiyongu and PDP also lost as they failed to prove their case of forgery.

The petitioners alleged that the respondent forged his certificate but only tendered the respondent’s Form EC9 to prove their case.

The court held that the petitioners needed to prove beyond reasonable doubt that the respondent forged his certificate with relevant documents and witnesses.

(NAN)

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