Posted by By ROSE EJEMBI, Makurdi on
The elections petition tribunal sitting in Makurdi Friday dismissed the application of the Senate President, David Mark who called for the re-opening of his case on the grounds that it lacked merit and could not be substantially proofed.
The elections petition tribunal sitting in Makurdi Friday dismissed the application of the Senate President, David Mark who called for the re-opening of his case on the grounds that it lacked merit and could not be substantially proofed.
Senator Mark's Counsel, Damian Dodo (SAN) had two weeks ago filed a motion alleging alteration and falsification of exhibits tendered by INEC, a development which prompted the Chief Justice of the Federation to invite the Chairman of the Benue tribunal, Justice Uriri and his Secretary to Abuja.
All Nigerian Peoples Party's candidate for the Benue South Senatorial District election in the April 2007 polls, Alhaji Usman Abubakar had headed for the tribunal to contest Mark's election praying the court to declare the exercise a nullity as according to him, the election was not conducted in compliance with the Electoral Act 2006.
Also in his petition, Abubakar prayed the court to cancel the results of two out of the nine local government areas in the district, (Agatu and Okpokwu Local Government Areas) where he alleged that there were no elections as there was massive rigging in the two local governments.
Based on these allegations, the petitioner asked the court to cancel the results of the two local governments in dispute and declare him winner since he won in the remaining seven local governments in the district.
The case, which is gradually coming to a close, was nearly threatened by the allegation which made David Mark's counsel, Damian Dodo, (SAN) to seek an application demanding that the case be re-opened.
Ruling on the application, Justice C.I. Uriri stated that the allegation does not hold water, adding that the same issues of manipulation of result which was earlier raised by the petitioner, Alhaji Abubakar in his petition are the issues that the 1st respondent, Sen. Mark has also raised.
The tribunal stated that from the papers filed, counsel to Mark have not shown that there were alterations made in the court premises as he (Dodo) said it was when documents were collected for photocopying that the alteration occurred.
The tribunal also pointed out that since the issue of alteration, falsification and forgery are the main issues for determination in the main petition, the tribunal threw out the application and asked counsel for Mark to move for adoption of final addresses.
The tribunal, however, adopted the addresses of all the counsels in the matter while also promising to communicate the date of judgment to them in due course.