The Court of Appeal sitting in Abuja, on Wednesday, sacked
the former Governor of Benue State, Gabriel Suswam, from the Senate.
The appellate court, in a unanimous decision by a
three-member panel of Justices, said it was satisfied that Suswam was not the
valid winner of the senatorial election that held in Benue North East on
February 25.
It faulted the judgement of the Benue State National
Assembly Election Petitions Tribunal, which returned Suswam of the Peoples
Democratic Party, PDP, to the Senate, after it nullified the election victory
of Mr. Emmanuel Udende of the All Progressives Congress, APC.
According to the appellate court, the tribunal wrongly evaluated the evidence that was presented before it by the parties in the matter and thereby arrived at an erroneous conclusion that upheld the petition Suswam filed to challenge Udende’s election victory.
Consequently, the court voided the judgement of the
tribunal, saying it found merit in the appeal that was lodged before it by the
APC candidate.
“The judgement of the tribunal delivered on 8/9/2023 is
hereby set aside.
“The return of the Appellant as the winner of the Benue
North East senatorial election that was held on February 25 is hereby affirmed.
“Parties are to bear their respective cost,” the appellate
court held in its lead verdict that was delivered by Justice Abimbola Osarugue
Obaseki Adejumo, who led the panel.
It will be recalled that the Independent National Electoral
Commission, INEC, had declared Udende as winner of the senatorial election
after he polled a total of 135,573 votes to defeat Senator Suswam who garnered
112,231 votes.
Not satisfied with the outcome of the election, Suswam
approached the tribunal on the ground that it was marred by over-voting,
irregularities, alterations and falsification of results.
In its judgement, the tribunal held that Suswam successfully
established his case that irregularities took place in five out of seven LGAs
in the Senatorial District.
The tribunal cancelled 51,895 votes entered for Senator
Udende and also cancelled 21,229 votes entered for Senator Suswam.
After subtracting the padded votes, Senator Suswam was left
with 90,590 while Senator Udende scored 82,699 votes.
Upholding the petition, Justice Ori Zik-Ikeoha led panel
entered judgment in Suswam’s favour, a decision that was vacated by the
appellate court on Wednesday.
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