Sen Suswam loses out
From Godwin Tsa, Abuja
The Abuja division of the Appeal Court on Wednesday affirmed the election of Senator Emmanuel Udende as the validly elected Senator for the Benue North East senatorial district.
Consequently, a three-member panel of the appellate led by Justice Abimbola Adejumo set aside the judgment of the State National Assembly Election Tribunal that nullified his election in favour of former Senator Gabriel Suswam of the Peoples Democratic Party (PDP).
Delivering judgment in the two appeals filed by Senator Udende and the All Progressives Congress (APC), the court unanimously said it was satisfied that Suswam was not the valid winner of the senatorial election that held in Benue North East on February 25.
The apellate court faulted the judgment of the Tribunal, which returned Suswam of the Peoples Democratic Party, PDP, to the Senate, after it nullified the election victory of Mr. 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.
It therefore voided the judgement of the tribunal, saying it found merit in the appeal that was lodged before it by the APC candidate.
“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.
“Parties are to bear their respective cost,” the appellate court held in its lead verdict that was delivered by Justice Abimbola Osarugue Obaseki Adejumo, who led the panel.
Responding to the judgment, led counsel to the APC, Chief Innocent Da’agba said it was victory for democracy and the rule of law.
He said the court rightly evaluated the evidence presented before it by the appellants by setting aside the judgment of the election tribunal.
The Independent National Electoral Commission, INEC, had declared Udende as winner of the senatorial election after he polled a total of 135,573 votes to defeat Senator Suswam who garnered 112,231 votes.
Not satisfied with the outcome of the election, Suswam approached the tribunal on the ground that it was marred by over-voting, irregularities, alterations and falsification of results.
In its judgement, the tribunal held that Suswam successfully established his case that irregularities took place in five out of seven LGAs in the Senatorial District.
The tribunal cancelled 51,895 votes entered for Senator Udende and also cancelled 21,229 votes entered for Senator Suswam.
After subtracting the padded votes, Senator Suswam was left with 90,590 while Senator Udende scored 82,699 votes.
Upholding the petition, Justice Ori Zik-Ikeoha led panel entered judgment in Suswam’s favour, a decision that was vacated by the appellate court on Wednesday.