- Instead, the tribunal declared Senator Gabriel Suswam of the Peoples Democratic Party, a former state governor, as the winner of the February 25, 2023, senatorial election
- The tribunal panel, led by Justice Ory Zik-Ikeorha and two other justices, ruled in favor of Suswam and the PDP
The National Assembly Election Petition Tribunal has removed Senator Emmanuel Udende from the All Progressives Congress in Benue State from his position.
The tribunal has instead declared Senator Gabriel Suswam of the Peoples Democratic Party, who formerly served as the state’s governor, as the victor of the senatorial election that took place on February 25, 2023.
Udende previously represented the Benue North East Senatorial District in the Senate.
Chairing the tribunal panel, Justice Ory Zik-Ikeorha and two other justices rendered a judgment in favor of Suswam and the PDP.
The ruling found that Suswam and the PDP met the legal requirements in substantiating their claims of irregularities, including document tampering, absence of signatures on documents, and exclusion of valid votes, among other issues.
Nevertheless, one of the three members on the National/State Assembly Election Petition Tribunal dissented, stating that the evidence provided by the PDP’s Gabriel Suswam was insufficient to support his petition.
As a result, this member dismissed the petition and ordered each of the respondents to be awarded a cost of N100,000 in their favor against the petitioners.
Suswam and PDP’s petition was based on the argument that Udende did not score the majority of the lawful votes cast at the February 25 2023, Benue North East Senatorial District election.
According to the decision of the dissenting judgment, irregularities can’t be assumed.
The judge affirmed that the law is that the proper person to give an account of the irregularities are polling unit agents, noting that ward agents are not allowed to “give a global account” of what happened at polling units.
He said, “It is the decision of the court that Suswam’s PW9’s statement on oath was not front-loaded alongside the petition and cannot form part of the petition.
“The fact that documents are admitted in evidence from the Bar does not mean that value is attached to them without putting life in them.”
Justice Mohammed concluded that having failed to do the needful, he cannot be moved by the petitioners to interrogate or address the petitions page by page after failing to breathe life into the documents tendered.
“Evidence of 19 witnesses who were not party to the malpractices said to have occurred over 400 polling units cannot substantiate the petition. No magic can be done. Evidence is grossly insufficient to sustain the petition. See no merit in the petition.
“The petition is therefore dismissed, with the award of N100,000 cost in favour of each of the respondents and against the petitioners,” he submitted.
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