Suswam approached the court on the ground that the election was marred by over-voting, irregularities, alterations and falsification of results.
By Jeffrey Agbo
Abuja Division of the Court of Appeal has sacked the former governor of Benue State, Gabriel Suswam, from the Senate.
Ruling unanimously on Wednesday, a three-member panel of justices said the appellant proved that Suswam did not win the senatorial election held in Benue North East on February 25.
The panel said the Benue State National Assembly Election Petitions Tribunal erred in its judgement and should not have nullified the victory of 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.
“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.
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“Parties are to bear their respective cost,” the appellate court held in its lead verdict that was delivered by Justice Abimbola Adejumo.
According to the Independent National Electoral Commission (INEC), Udende won the election by polling a total of 135,573 votes to defeat Suswam of the PDP who garnered 112,231 votes.
Suswam approached the court on the ground that the election was marred by over-voting, irregularities, alterations and falsification of results.
The tribunal agreed with Suswam that irregularities took place in five out of seven LGAs in the senatorial district.
The tribunal therefore cancelled 51,895 votes entered for Udende and also cancelled 21,229 votes entered for Suswam.