The Federal Court of Appeal sitting in Makurdi, yesterday nullified the March re-election of Senator David Mark and ordered a fresh poll within 90 days in Benue South Senatorial District.
The court handed down the verdict in the appeal filed by the candidate of the All Progressives Congress (APC) in the election, Mr. Daniel Onjeh.
In his first reaction to the court’s decision yesterday, Mark asked his supporters to keep the peace and be strengthened ahead of the re-run.
Onjeh had approached the appellate court on October 20 after the election tribunal dismissed his case against Mark, a former president of the senate.
Onjeh claimed that the election was marred by violence and rigging.
He alleged that INEC officials were compromised and voters financially induced by PDP agents at the various polling units in the district.
The petitioner also alleged that accreditation of voters was not properly done, card readers were not used and accreditation did not take place in some polling units.
But the tribunal, led by Justice Mosunmola Dipeolu dismissed the case in its entirety for want of proofs.
In the judgment delivered on Oct 7, 2015 Dipeolu dismissed the petition on the ground that the petitioner failed to discharge the burden of proof placed on him by law.
However, Onjeh in his appeal contended that the tribunal failed to consider and make necessary findings of fact on all the vital issues raised in the petition.
He also averred that the tribunal erred by departing from its earlier decision in a similar case where it declared that collation of votes after declaration and return on certain votes was irregular.
He also said that the tribunal erred by failing to consider his final written address and determine the relevant arguments proffered in it.
The petitioner insisted that the tribunal had miscarried justice in spite of the evidence placed before it.
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.
He is also Nigeria’s longest-serving senator. He was elected in 1999, and re-elected in 2003, 2007, 2011 and 2015. He served as president of the senate for eight years.
Reacting to the court’s decision yesterday, Mark pleaded with his supporters to remain calm and refuse to be discouraged.
Mark in a statement issued by his Media Assistant, Paul Mumeh, said his constituents should be strengthened ahead of the re-run.
He believed that he won the election convincingly and was confident his constituents would turn out en masse to vote for him again.
He said, “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.
“I won the election clean and clear. If we go back to the polls 100 times, I will still win convincingly.”
