Appeal Court Nullifies Senator Mark's Election, Orders Fresh Poll

Mark calls for calm, vows to win again

The Court of Appeal sitting in Makurdi has annulled the election of the immediate past Senate President, Senator David Mark.

The Court also ordered the Independent National Electoral Commission (INEC) to conduct fresh elections in the Benue South senatorial district within 90 days. Mark’s victory at the March 28, National Assembly elections, was challenged by Daniel Onjeh of the All Progressives Congress (APC), who petitioned the Benue state Legislative Houses elections tribunal, asking for the cancellation of the election and an order detailing INEC to conduct fresh election in the district.

The Justice Mosunmola Dipeolu-led trial panel had on October 7, dismissed Onjeh’s petition on the ground that evidences tendered before the tribunal were documentary hearsay evidences.

In a unanimous judgment read yesterday by Justice Peter Ige, the appellate court dismissed the judgment of the tribunal and upheld the plea of the appellant that Mark’s election failed substantially to meet with the provisions of paragraphs 39 and 40 of the INEC approved electoral guidelines and sections 73and 74 of the Electoral Act 2010 as amended.

The appellate court also questioned the failure of the trial court to admit evidences tendered by the appellant to canvass his case and in another instance refer to the same evidence to arrive at its decision.

Justice Ige thus held that, “the lower tribunal cannot be seen to blow hot and cold at the same time. The appellant has established his case on the balance of probability. It is our considered view that the appellant’s appeal is meritorious.

“The appellant showed by oral evidence that collation of results was still ongoing a day after the declaration of results of the election in seven local government areas of the district. INEC is by this judgment to conduct fresh senatorial election in the Benue South district within 90 days.”

Meanwhile Senator Mark has appealed to his constituents to remain calm and law abiding over the annulment of his election by the Benue State Election Appeal Tribunal in Makurdi yesterday.

Mark, in his reaction to the tribunal verdict, according to a statement by his Media Assistant, Paul Mumeh, said he would not be deterred by the verdict but rather be strengthened ahead of the re-run. He said he won the election convincingly and had no doubt that his constituents would turn out en masse to vote for him again at the rerun.

“Whatever the situation may be, one thing I know is that my people are solidly behind me. They also appreciate the fact that I have done more than enough to lift up Idoma nation to a position of eminence in the contemporary political history of Nigeria. I won the election clean and clear. If we go back to the polls 100 times, I will still win convincingly,” Mark said.

The lower tribunal had in September upheld the election of Mark, candidate of the Peoples Democratic Party (PDP) and dismissed the petition of Daniel Onjeh of All Progressive Congress (APC). But the appeal court threw out the lower tribunal’s judgment for lack of merit and ordered a rerun.

-National Assembly electionmatters usually terminate at the Court of Appeal.