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Appeal Court Annuls Sen. David Marks Election, Orders Re-run



The Court of Appeal sitting in Benue State capital, Makurdi, has annulled the election of the immediate past Senate President, Sen. David Mark.

The Court also ordered the Independent National Electoral Commission (INEC), to conduct fresh elections in Benue South senatorial district within 90 days.

The All Progressives Congress (APC) candidate for Benue South Senatorial district, Mr Donald Onjeh had challenged the decision of the National and State Assembly Election Petitions Tribunal, which upheld the victory of Senator Mark of the Peoples Democratic Party (PDP).

The Justice Mosunmola Dipeolu led trial panel had earlier dismissed APC candidate’s petition on the 7th of October, on the ground that evidences tendered before the tribunal were documentary hearsay evidences.

However, Justice Ige of the Appeal Court, thus held that: “the lower tribunal cannot be seen to blow hot and cold at the same time. The appellant has established his case on the balance of probability. It is our considered view that the appellant’s appeal is meritorious.

“The appellant showed by oral evidence that collation of results was still ongoing a day after the declaration of results of the election in seven local government areas of the district.

“The judgement of Justice Mosunmola Dipeolu led tribunal of October 7th., 2015 dismissing the petition is nullified. Therefore the election of Senator David Mark is hereby set aside.

“INEC is by this judgement to conduct fresh senatorial election in the Benue South district within 90 days.”