…Sacks Sen. Udende
By Uche Nnorom,Makurdi
There was big drama at the National/State Assembly Election Petition Tribunal sitting in Makurdi as two (2) judgements was delivered in the case involving Sen. Gabriel Suswam and Sen. Emmanuel Udende.
Suswam erstwhile Governor of Benue State is contesting the return of Udende as Senator for Benue North East District on grounds that the latter did not score majority of lawful votes during the 25 th February election.
In the majority judgement, Chairman of the panel, Honourable Justice Ory Zik-Ikeorha, and member 2 held that Suswam and PDP have fulfilled the requirement of the law in proving their case of irreguralities such as multilation, non-signing of documents, non – inclusion of lawful votes among others.
While in the minority judgement, Justice Umar Mohammed
averred that evidence by PDP’s Gabriel Suswam is grossly insufficient to sustain his petition. He therefore, dismissed the petition, awarding the cost of 100,000 naira in favour of each of the respondents against the petitioners.
According to him, ‘irregularities can’t be assumed. The law is that the proper person to give account of the irregularities are polling unit agents as ward agents are not allowed to “give global account” of what happened at polling units.
“By the way, 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.
“Besides, it is held that the fact that documents are admitted in evidence from the bar does not mean that value be attached to them without putting life in them.
“Having failed to do the needful, I cannot be moved by the petitioners to interrogate their address page by page after failing to breath life into their documents tendered.
“Evidence of 19 witness who were not party to the malpractices said to have occured over 400 polling units cannot substantiate the petition. No magic can be done. Evidence grossly insufficient to sustain the petition. See no merit in the petition,” he concluded.
Reacting to the judgment in a statement signed by its Publicity Secretary Bemgba Iortyom, the Peoples’ Democratic Party, PDP hailed the tribunal for delivering substantial justice in the petition based on the facts and evidence rendered before in line with extant electoral laws, guidelines and regulations, thereby boosting public confidence in the judiciary.
The party said the victory of Senator Suswam serves to heighten the hopes that PDP will likewise reclaim the governorship of the state at the Governorship Election Petition Tribunal through the judgement being awaited.
“The party rejoices over the victory won particularly as it re-establishes its dominance in the upper chamber membership composition of the National Assembly in the state with two Senators out of three.
“Furthermore, the party is confident that the former Benue State Governor will deploy his wealth of experience and proven pedigree in the 9th Senate, to get back seamlessly into the business of lawmaking in the 10th Senate for the good of his constituents, the party and Nigeria at large”,the statement read.
