The Appeal Court sitting in Makurdi, the Benue State Capital, on Friday, dismissed the petition of All Progressives Party Senatorial candidate for the Benue South senatorial rerun election, Comrade Daniel Onjeh and re-affirmed the election of Senator David Mark.
Delivering judgment, Justice Oyebisi Omoleye who led a panel of two other judges, described the petition as incompetent and devoid of merit.
She accordingly struck out the petition on the grounds that it was filed out of time.
Justice Omoleye said that election petition should be filed within 21 days from the declaration of the election result.
She noted that the appellant filed his petition on the 22nd day after the declaration of the election result and therefore filed out of time by law.
“The appellant’s petition was filed on the 22nd day of the declaration of result and therefore filed out of time by law. It therefore rendered the election petition incompetent and impotent,” she said and declared that David Mark is rightful and lawful winner of the election.
Reacting to the judgement, counsel to David Mark, Barr. Ken Ikonne acknowledged the decision of the appellate court which gave victory to his client.
He said the judgment has brought the case to an end and urged Senator Mark to settle down and concentrate on the business of the Senate.
On his part, counsel to the defeated APC candidate, Sunday Ayegba expressed sadness at the outcome of the petition. He said, “we are not happy with the decision of the court but there is nothing we can do about it.”
Our correspondent report that on June 30, 2016, the re-run election petition tribunal sitting in Makurdi dismissed Daniel Onjeh’s petition against Mark on the grounds that the petition was filed out of the stipulated 21 days as enshrined in the constitution of the Federal republic of Nigeria..
In her ruling, Justice Chinyere Anulube had declared that the petition was “defective and incurably bad” explaining that the tribunal lacked the jurisdiction to entertain the suit.”
(PUNCH)
