The Reason Why Appeal Court Nullified David Mark's Election

The reasons why the court of Appeal nullified the election of Senator David Mark in the last National Assembly elections.

Senator David Mark

 

 Federal Appeal Court in Markudi has nullified the election of Senator David Mark and called for a fresh election within 90 days. The verdict was delivered today in favour of APC candidate, Mr. Daniel Onjeh who had gone to the appellate court to seek nullification of the Mark's election citing malpractices.

 

The nullification of David Mark's election was because of many reasons. Earlier, Onjeh had approached the election tribunal after the election and asserted that the election of David Mark who is Nigeria's longest serving senator was marred by violence and rigging. 

 

He alleged that Independent National Electoral Commission (INEC) officials were compromised and voters were financially induced by PDP agents at the various polling units in the district. The petitioner also alleged that accreditation of voters was not properly done and claimed that card readers were not used while accreditation did not hold in some polling units.

 

But the tribunal dismissed his case citing lack of evidence while upholding the election of David  Mark. This didn't go down well with Onjeh who approached the appellate court asking for a redress.

 

Onjeh told the appellate court that the tribunal failed to consider and make necessary findings of fact on all the vital issues raised in the petition. He also averred that the tribunal erred by departing from its earlier decision in a similar case where it declared that collation of votes after declaration and return on certain votes was irregular.

 

He also said that the tribunal erred by failing to consider his final written address and determine the relevant arguments proffered in it. The petitioner insisted that the tribunal had miscarried justice in spite of the evidence placed before it. Onjeh in a bid to get justice, ran to the appellate court seeking for redress.

 

The appellate court responded that Onjeh had a case and invoked Section 15 of the Court of Appeal Act to review the evidence in his petition and overturned the decision of the lower court.

 

The panel of jurists also questioned the failure of the trial court to admit evidences tendered by the appellant to canvass his case and in another instance refer to the same evidence to arrive at its decision.

 

Justice Ige thus held that, “the lower tribunal cannot be seen to blow hot and cold at the same time. The appellant has established his case on the balance of probability. It is our considered view that the appellant’s appeal is meritorious.

“The appellant showed by oral evidence that collation of results was still ongoing a day after the declaration of results of the election in seven local government areas of the district.

“The judgement of Justice Mosunmola Dipeolu led tribunal of October 7th., 2015 dismissing the petition is nullified. Therefore the election of Senator David Mark is hereby set aside.

“INEC is by this judgement to conduct fresh senatorial election in the Benue South district within 90 days.”