Appeal court nullifies Mark's election

The Appeal Court has nullified election of the former Senate President, David Mark and ordered a rerun in 90 days. Mark is the Senator of People Democratic Party, representing Benue South Senatorial District.

Mark’s victory was challenged at the election petitions tribunal by Donald Onjeh, the All Progressives Congress (APC) candidate, arguing that the election was marred irregularities.

It will be recalled that the election petitions tribunal sitting in Makurdi, in October upheld the election of the former Senate President. Then,
Justice Dipeolu referred to sections 124 and 135 of the Electoral Act 2010 as amended and 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.”

“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.”, she said.

But Donald Onjeh, not satisfied by the ruling proceeded to  challenge the decision of the tribunal at the Appeal Court.

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.

 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.

While declaring the judgment Justice Ige of the Appeal Court ruled that the election of David Mark was fraught with so many irregularities and therefore 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.

- Rexinews

- Naij.com