Tribunal upholds election of 3 APC assembly members in Benue
Justice Usman Mohammed and Justice Saliu Zubayr, held that the petitioners failed to prove their cases for the elections to be upturned.
The National/State Houses of Assembly Election Petition Tribunal, sitting in Makurdi, on Thursday upheld the elections of three All Progressives Congress (APC), state lawmakers.
In separate judgments, Justice Usman Mohammed and Justice Saliu Zubayr, held that the petitioners failed to prove their cases for the elections to be upturned.
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 that there was an incident of over voting and cancellation of results in six polling units during the election.
The court therefore, upheld the return of APC’s Agada Oche, as winner of Ogbadibo State Constituency election in the March 18, election.
Mohammed further awarded N150,000, as fine against the petitioners in favour of Oche, APC, 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, all other witnesses of the petitioners were filed out of time.
Mohammed therefore, upheld the return of Gabo.
The petitioners, Elijah Anayagher and PDP, had dragged the respondent before the tribunal, challenging his return by the INEC.
Also, Justice Zubayr, in another judgment, affirmed the election of APC’s Emmanuel Shimawua, as the winner of 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 has 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.