Court Sacks David Mark

Reports just reaching Naij.com have it that the election
of the immediate past Senate president, David Mark,
has been nullified by a Court Of Appeal sitting in
Makurdi, the Benue state capital.
The court has also ordered for a re-run of the election
within 90 Days.
It would be recalled that Mark’s victory at the Benue
south senatorial district election was challenged by the
All Progressives Congress (APC) candidate at the
election, Daniel Onjeh on the grounds that the poll was
marred by irregularities.
But the election petitions tribunal sitting in Makurdi had
in October upheld the election of the former Senate
president.
Justice Dipeolu then relying on sections 124 and 135 of
the Electoral Act 2010 as amended, held that “the
petitioner contested the results of election conducted in
700 out of 1,015 pulling units but failed to adduce both
oral and documentary evidence to prove his case.”
She said: “Most of the testimonies given by the
petitioner’s witnesses were contradictory, hearsay and
circumstantial evidence which is not admissible in law
as provided by Section 126 of the Evidence Act.”
But undeterred by the ruling, Donald Onjeh challenged
the decision of the tribunal, before the Appeal Court.
According to Channels TV, Mr Onjeh’s lawyer, Adetunji
Oso, argued that the tribunal erred when it held that the
papers tendered by his client were mere documentary
hearsay.
He urged the Appellate Court to allow his appeal and set
aside the decision of the Tribunal.

Citing documents tendered, he said the Independent
National Electoral Commission (INEC), declared Senator
Mark winner of the poll while the collation of results for
the Benue south senatorial district’s election on March
28 was still ongoing in seven of the nine local
government areas of the state.
In setting aside the election of the former Senate
president, Justice Ige ruled that the election of David
Mark was fraught with so many irregularities that it
failed all tests of “freeness and fairness”.
The nullification of David Mark’s election comes three
weeks after a the Taraba State Governorship Election
Petition Tribunal voided the declaration of Darius Ishaku
of the Peoples Democratic Party (PDP) as winner of the
poll on the ground that Alhassan, popularly referred to as
Mama Taraba, was the bonafide winner of the election.