David Mark

The Court of Appeal sitting in Makurdi on Saturday nullified the election of the former Senate President David Mark.

The court also called for fresh election in Benue South Senatorial District within 90 days.

The appeal panel, presided by Justice Memson Domgbam, agreed that the appellant, Mr Daniel Onjeh of the All Peoples Congress (APC), had proved his case beyond reasonable doubts.

The panel said Onjeh proved that the Electoral Act was substantially breached in the conduct of the election.

The jurists said it was wrong for results to be declared while collation was ongoing in most polling units.

Reading the lead judgement, Justice Olabisi Ige, said it was evident that the lower tribunal did not consider the issues that were raised by the petitioner/appellant.

``The lower tribunal also failed to make any findings on the appellant's claim about the day of declaration which was in contention’’, Ige said.

Ige, therefore, said that Onjeh's appeal was meritorious, set aside the judgment of the lower tribunal and ordered Independent National Electoral Commission (INEC) to conduct fresh polls.

 Onjeh had taken the former senate president to the elections petitions tribunal on account that the conduct of the polls which produced Mark were in contravention of the Electoral Act.

However, the lower court had dismissed Onjeh's petition on the grounds of failure to prove his case ad merely dumping materials on the court.

Onjeh had contended that the Independent National Electoral Commission (INEC) declared Mark the winner of the polls while collation was ongoing in most polling units contrary to the provisions of the Electoral Act.

He also alleged electoral malpractices and averred that the Electoral Act 2010 as amended was substantially breached.

Onjeh's grounds for appeal were that the tribunal failed to consider and make necessary findings of fact on all the vital issues raised in the petition.

He argued that tribunal erred by departing from its earlier decision on similar matters in which it had declared that collation of votes after declaration and return on certain votes is substantial irregularity.

He also said that tribunal erred by failing to consider his final written address and determine the relevant arguments proffered in it and that there was miscarriage of justice by deciding against the evidence before the tribunal.

He, therefore, urged the appellate court to invoke the provision of Section 15 of the Court of Appeal Act and review the evidence in his petition so as to overturn the decision of the lower court.