Appeal Court Upholds David Mark’s Election
A Court of Appeal sitting in Makurdi, Benue state on Friday upheld the victory of former Senate President, David Mark.
This is just as the appellate court dismissed the petition filed by the All Progressives Congress (APC)’s candidate, Comrade Daniel Onjeh, who had challenged the victory of the Peoples Democratic Party (PDP)’s Mark as senator representing Benue South senatorial district before the tribunal.
At today’s court sitting, Justice Oyebisi Omoleye who led the two-man panel, affirmed the decision of the state election petition tribunal to uphold the February 20th 2015 election of Mark, describing Onjeh’s petition as incompetent and devoid of merit.
She therefore struck out the petition on the grounds that it was filed out of time.
She said: “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.”
Election petitions ought to be filed not later than 21 days after the declaration of election results, she added.
On June 30, the election tribunal, in its ruling, dismissed Onjeh’s objection saying he failed to file in his objection within the 21-days from the election as enshrined in the constitution.
Not satisfied, Onjeh headed to the Court of Appeal to ask for an overturn of the tribunal’s decision.