Earlier today, the election of Nigeria’s former senate president David Mark was quashed by the court of appeal sitting in Markudi, Benue state capital.
Daniel Onjeh of the All Progressive Congress had earlier questioned the election of David Mark but the election tribunal dismissed his plea for cancellation of the elections on the grounds that evidences brought before the Justice Mosunmola Dipeolu headed trial panel was documentary hearsay evidences.
However, in a consentaneous judgement read by Justice Peter Ige, the court of appeal faulted the judgement of the tribunal and hereby 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 73 and 74 of the Electoral Act 2010 as amended.
The judgement instructed INEC to conduct fresh elections for Benue South Senatorial District within 90 days.
“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.
“The judgement of Justice Mosunmola Dipeolu led tribunal of October 7th., 2015 dismissing the petition is nullified. Therefore the election of Senator David Mark is hereby set aside.
“INEC is by this judgement to conduct fresh senatorial election in the Benue South district within 90 days.”