I’ll win rerun, says Mark after Appeal Court sacking

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The Court of Appeal sitting in Makurdi, the Benue State capital, on Saturday voided the return of former Senate President, David Mark, of the Peoples Democratic Party as the winner of the March 28 Benue South Senatorial District election.

The court ordered a fresh election in the Senatorial District within 90 days.

Mark, who has been in the National Assembly since 1999, was returned as the winner of the poll by the Independent National Electoral Commission but the appellate court held that the return was in violation of the Provisions of the Electoral Act 2010 (as amended).

The former Senate President’s major opponent, Daniel Onjeh, of the All Progressives Congress, had approached the National and State Houses of Assembly Election Petitions Tribunal sitting in Makurdi to nullify the return of Mark but the tribunal dismissed his petition, following which he filed the Notice of Appeal.

Onjeh had tendered Certified True Copies of Result Collation Forms, which were admitted in evidence and showed that collation was still ongoing in seven of the nine local government areas that make up Benue South Senatorial District, a day after Mark was declared winner.

The Court of Appeal, in its ruling, said there is nowhere in the judgement of the tribunal that made reference to the documents when INEC and the respondents did not object to the admissibility of the documents.

According to Justice Olabisi Ige, who delivered the lead judgement, Onjeh has shown through oral and documentary evidence that collation was ongoing in Ado, Agatu, Apa, Obi, Ogbadibo, Oju and Ohimini Local Government Areas as of March 29, after the “purported declaration of the 1st respondent (David Mark)” as winner on March 28.

He noted that none of the respondents (Mark, PDP, INEC) called witnesses to contradict the evidences provided by Onjeh either orally or through documents showing that there was substantial violation of the Electoral Act and INEC guidelines for the poll.

The court, therefore, voided Mark’s declaration as winner of the election.

Ige ruled that, “Notwithstanding the resolution of issue five in favour of the respondent, the appellant appeal succeeds.

“The judgement of the tribunal is hereby set aside. The election and or return of the 1st respondent is nullified and, hereby, ordered that INEC shall within 90 days hold fresh election in the senatorial district.”

Onjeh described the judgement as a welcome development for democracy, saying it represents total freedom for the people of Benue-South.

The erstwhile National President of the National Association of Nigerian Students described the decision of the lower tribunal as pervasive.

Mark’s counsel, Kenneth Ikonne, said they were bound by the decision of the appellate court. He said the decision had introduced fresh issues “in our jurisprudence.”

Mark, reacting through his spokesperson, Paul Mumeh, said, “I won the election clean and clear. If we go back to the polls 100 times, I will still win convincingly.

“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.”