By Uche Nnorom, Makurdi
The National/State Assembly Election Petition Tribunal in Makurdi, Benue State, Saturday upheld the election of Philip Agbese of the All Progressives Congress, APC, as member representing Ado/Ogbadibo/Okpokwu Federal Constituency of Benue State.
It should noted that Aida Nath of the Peoples’ Democratic Party, PDP, had filed a petition challenging the declaration of Agbese on the grounds of non-compliance with the provisions of the Electoral Act, 2022.
She alleged that the Independent National Electoral Commission, INEC failed to comply with the judgement of the Supreme Court that confirmed her as the PDP candidate and not Francis Otta Agbo by unlawfully excluded her from the election.
In a unanimous judgment, Justice Emeka Ezedi dismissed the petition for being grossly incompetent.
He held that unlawful exclusion is not a ground for questioning the outcome of an election under the extant Electoral Act.
Justice Emeka stated that the case of the petitioners is purely a pre-election matter which the tribunal lacks powers to investigate matters that occurred before the conduct of an election.
The tribunal also held that to complain of non-compliance and also complain of unlawful exclusion is tantamount to approbating and repprobating.
The tribunal further posited fhat candidate who didn’t participate in an election cannot complain of non-compliance in the election.
It therefore awarded cost of N400,000 against Aida, to be paid to each of the respondents.
